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Idaho  Bulletin  of  Education 

Vol.  V.  1919  No.  7 

Compilation  of  Xavoa 

PERTAINING  TO  THE 

STATE  BOARD  OF  EDUCATION 

AND  THE 

EDUCATIONAL  INSTITUTIONS 

OF  THE 

STATE  OF  IDAHO 


STATE  BOARD  OP  EDUCATION 

UNIVERSITY  OF  IDAHO 

LEWISTON  STATE  NORMAL  SCHOOL 

ALBION  STATE  NORMAL  SCHOOL 

IDAHO  TECHNICAL  INSTITUTE 

IDAHO  INDUSTRIAL  TRAINING  SCHOOL 

IDAHO  SCHOOL  FOR  THE  DEAF  AND  THE  BLIND 


EFFECTIVE  1  APRIL,  1919 


Published  Quarterly 

By  the  State  Board  of  Education 

Boise,  Idaho 


Entered  as  Second-class  Matter  February  3,  1915,  at  the  Post  Office  at 
Boise,  Idaho 


Compiled,  Annotated  and  Indexed  by 

J.  Ward  Arney 
Former  Assistant  Attorney  General 


GIFT  or 


Digitized  by  the  Internet  Archive 

.in  2007  with  funding  from 

Microsoft  Corporation 


http://www.archive.org/details/compilationoflawOOidahrich 


Idaho  Bulletin  of  Education 

Vol.  V.  1919  No.  7 


Compilation  of  Xaw6 

PERTAINING  TO  THE 

STATE  BOARD  OF  EDtJCJATIOl^- '  ■' 

AND  THE  '-'>*"'»  i.>  i  ',      ^;^  r^.  1  ^',  ' 

EDUCATIONAL  INSTITUTIONS 

OF  THE 

STATE  OF  IDAHO 


STATE  BOARD  OF  EDUCATION 

UNIVERSITY  OF  IDAHO 

LEWISTON  STATE  NORMAL  SCHOOL 

ALBION  STATE  NORMAL  SCHOOL 

IDAHO  TECHNICAL  INSTITUTE 

IDAHO  INDUSTRIAL  TRAINING  SCHOOL 

IDAHO  SCHOOL  FOR  THE  DEAF  AND  THE  BLIND 


EFFECTIVE  1  APRIL,  1919 


Published  Quarterly 
By  the  State  Board  of  Education 
Boise,  Idaho  , 


Entered  as  Second-class  Matter  February  3,  1915,  at  the  Post  Office  at 
Boise,  Idaho 


Compiled,  Annotated  and  Indexed  by 

J.  Ward  Arney 
Former  Assistant  Attorney  General 


GIFT 


[3-^ 


?^f 


^-^ 


CONTENTS       Vgiup^^^:^ 


Art.  I.  State  Board  of  Education  and  Bb^rd  €f  Regents 

of  the  University  of  Id;?iho..    .,      .      »     .  .,  - . 

Art.  II.         Educational  and  Endowmerit  Grants  of  Land. .  ; 

Art.  III.  Federal  Appropriations  in  Aid  of  State  Edu- 
cation. 

Art.  IV.        University  of  Idaho. 

Art.  V.  Lewiston  State  Normal  School. 

Art.  VI.        Albion  State  Normal  School. 

Art.  VII.      Idaho  Technical  Institute. 

Art.  VIII.     Idaho  Industrial  Training  School. 

Art.  IX.        Idaho  School  for  the  Deaf  and  the  Blind. 

Art.  X.  Idaho  Decisions. 

Appendix : 

I.    Table  of  Cases  Cited. 
II.    Index. 


448266 


FOREWORD 


It  is  the  purpose  of  this  pamphlet  to  present  a  compilation 
of  the  provisions  of  the  Constitution  of  the  State  of  Idaho 
and  of  the  Federal  and  State  statutes  and  decisions  pertain- 
ing to  the  State  educational  institutions,  namely,  the  Uni- 
versity of  Idaho,  the  Lewiston  State  Normal  School,  the 
Albion  State  Normal  School,  the  Idaho  Technical  Institute, 
the  Idaho  Industrial  Training  School,  and  the  State  School 
for  the  Deaf  and  the  Blind. 

The  institutions  named  have  been,  by  State  Constitution 
and  statutes,  placed  under  the  control  and  direction  of  the 
State  Board  of  Education. 

The  State  Board  has  recognized  the  necessity  of  bringing 
together  under  one  cover  all  laws  applicable  to  the  institu- 
tions supervised  by  the  Board,  not  alone  for  the  guidance  of 
the  Board  but  for  that  of  the  local  administrative  officials 
at  the  several  institutions. 

Heretofore  the  law  and  interpretation  thereof  affecting 
the  said  institutions  have  been  scattered  throughout  the 
Federal  and  State  statutes,  the  Constitution,  the  Idaho  and 
Federal  decisions,  and  the  records  of  the  proceedings  of  the 
Constitutional  Convention. 

The  Revised  Codes  (1908)  and  the  Compiled  Laws  (1918) 
are  codifications  containing  only  that  part  of  the  law  and 
in  the  form  which  the  Code  Commissioners  have  deemed  to 
be  existing,  and  neither  code  purports  to  contain  the  enact- 
ments in  full  or  the  texts  of  the  laws  repealed  or  superseded, 
but  only  cite  the  same.  The  full  edition  of  all  the  session 
laws  and  convention  proceedings  are  not  possessed  by  all 
libraries,  and  the  early  enactments  are  therefore  not  uni- 
versally accessible. 

This  compilation  endeavors  to  preserve  the  original 
and  the  existing  law.  This  is  of  present  value  since  the 
State  Board  has  succeeded  to  all  the  rights  and  duties 
previously  vested  in  the  local  officials  of  the  several  in- 
stitutions, and  the  Board  therefore  assumes  those  obliga- 


6        >  \  i:  ^'  ' .'  . ;  ^  ^^ .    IDAHO  ;SSU«CATIONAL  INSTITUTIONS 

tions  and  rights  imposed  and  vested  by  the  original  acts, 
not  expressly  repealed,  even  though  the  same  do  not  ap- 
pear in  either  the  Revised  Codes  or  the  Compiled  Laws. 

The  full  context  of  the  original  statutes  whether  obsolete 
or  repealed,  when  placed  adjacent* to  the  existing  provisions 
is  of  present  value  to  administrative  officials  and  to  the  legal 
profession  in  determining  the  legislative  tendency  and  in- 
tention. 

There  is  preserved  in  addition  the  law  relating  to  the 
personnel  and  terms  of  the  early  institutional  officials  and 
relating  to  the  sites  and  locations  of  said  institutions. 

In  short,  this  compilation  endeavors  to  expose  the  entire 
view  of  the  law  affecting  the  educational  institutions  of  the 
State  as  distinct  from  the  grade,  high,  and  denominational 
schools. 


IDAHO  EDUCATIONAL/. iNsTjmmoks.  '■> : ^  > : '-t  '. :'\       7 

ARTICLE  I.  _ 

STATE  BOARD  OF  EDUCATION. 
A.  Constitutional. 
Sec.  1.  Creation — General  Empowerment.  The  gen- 
eral supervision  of  the  State  educational  institutions  and 
public  school  system  of  the  State  of  Idaho  shall  be  vested 
in  a  State  Board  of  Education,  the  membership,  powers 
and  duties  of  which  shall  be  prescribed  by  law.  The  State 
Superintendent  of  Public  Instruction  shall  be  ex-officio 
member  of  said  board. 

(Const.  Idaho,  Art.  IX,  Sec.  2.) 
(Amendment  No.  21  effective  Nov.  25,  1912.) 
(1911  L.  791;  1913  L.  677.) 
Note:      (1)     Original:      "The    general    supervision  of    the    public 
schools  of  the  State  shall  be  vested  in  a  Board  of  Education,  whose 
powers  and  duties  shall  be  prescribed  by  law;  the  Superintendent  of 
Public  Instruction,  the  Secretary  of  State,  and  Attorney  General,  shall 
constitute  the  Board,  of  which  the  Superintendent  of  Public  Instruc- 
tion shall  be  president." 

(Pike  vs.  S.  B.  of  L.  C.  19  I,  26;  113  P.  447,  to  the  effect  that 
original  Section  2  of  Article  IX  applied  only  to  public  schools  as 
distinguished  from  higher  educational  institutions.) 

(2)  Control  of  Public  Schools. 

(a)  Original  Draft,  as  proposed  in  Constitutional  Convention 
placed  control  of  public  schools  in  a  Board  of  Education. 

(1  Con.  Conv.  Pro.  638.) 

(b)  Objection  made  to  proposed  section  on  ground  that  the  said 
control  was  taken  out  of  the  hands  of  the  Superintendent  of  Pub- 
lic Instruction  and  placed  in  a  Board  of  Education. 

(1  Con.  Conv.  Pro.  638.) 

(c)  Adopted  as  proposed. 
(1  Con.  Conv.  Pro.  827.) 
(2  Con.  Conv.  Pro.  1437.) 

(3)  Reference:     See  Note  (4)  to  Art.  X-VII,  post. 

B.      Statutory. 

Sec.  1.  Creation — General  Powers.  That  for  the  gen- 
eral supervision,  government  and  control  of  all  State  edu- 
cational institutions  of  this  State,  to-wit:  The  University 
of  Idaho,  Lewiston  State  Normal  School,  Albion  State  Nor- 
mal School,  the  Academy  of  Idaho,  the  Industrial  Training 
School,  and  the  School  for  the  Deaf  and  Blind,  and  for  the 
general  supervision,  government  and  control  of  any  other 
such  State  educational  institutions  as  may  now  or  hereafter 
be  founded,  and,  further,  for  the  general  supervision,  gov- 
ernment and  control  of  the  public  schools  of  the  State,  a 
State  Board  of  Education,  which  shall  also  constitute  the 
Board  of  Regents  of  the  University  of  Idaho,  is  hereby 
created  and  established,  to  be  known  as  the  State  Board  of 
Education  and  Board  of  Regents  of  the  University  of  Idaho. 

(1913  L.  328;  C.  L.   38:1.) 
Cited:      Bank  vs.  Regents,  26  I.  15,  140  P.  771.) 

Sec.  2.  Membership — Tenure — Qualifications.  Said 
State  Board  of  Education  and  Board  of  Regents  of  the  Uni- 


§  ;.\J  ••••  >*  {  ipAtid  EfiyCJATIONAl.  INSTITUTIONS 

versity  of  Idaho  shall  consist  of  five  (5)  appointive  mem- 
bers and,  in  addition  thereto  the  State  Superintendent  shall 
be  ex-officio  member  of  such  board. 

The  Governor  of  Idaho  is  hereby  empowered,  and  it  is 
hereby  made  his  duty,  not  later  than  the  first  Monday  of 
April,  1913,  to  appoint,  as  members  of  said  State  Board  of 
Education  and  Board  of  Regents  of  the  University  of  Idaho, 
five  members,  one  to  hold  office  for  one  year,  one  for  two 
years,  one  for  three  years,  one  for  four  years,  and  one  for 
five  years. 

Annually  thereafter,  commencing  on  the  first  Monday  of 
April,  1914,  he  shall  appoint  one  member  of  said  board  to 
serve  for  a  period  of  five  years. 

The  Governor  shall  fill,  by  appointment,  all  vacancies 
which  may  occur  on  the  board,  such  appointment  to  be  made 
within  thirty  days  after  such  vacancy  occurs,  and  to  be  for 
the  unexpired  term  of  the  retiring  member. 

Provided,  That  all  such  members  of  said  board  shall  be 
appointed  solely  upon  consideration  of  their  ability  to  effi- 
ciently serve  the  interests  of  the  people  and  of  education  in 
this  State,  without  reference  to  locality,  to  occupation,  to 
party  affiliation  or  to  religion. 

Provided  further.  That  any  member  so  appointed  shall 
not  heretofore  have  been  connected  with  any  of  the  State 
educational  institutions  of  this  State,  either  as  regent,  mem- 
ber of  board,  instructor  or  student,  and  shall  have  been  a 
qualified  elector  and  taxpayer  in  this  State  for  at  least 
three  years  prior  to  the  date  of  his  appointment. 

Said  members  of  said  board,  appointed  as  above  provided, 
shall  qualify  for  office  and  assume  their  duties  in  accord- 
ance with  existing  laws  governing  similar  appointments  to 
and  qualifications  for  office  on  other  State  boards  of  this 
State. 

(1913  L.  328;  C.  L.  38:2.) 
Note:     C.  L.  38:2  does  not  include  above  in  full;  full  report  made 
here   since   tenure   of   present   members   rests    on   terms    of   original 
appointees. 

Sec.  3.  Transfer  of  Control  of  Institutions — Head- 
quarters. Said  State  Board  of  Education  and  Board  of 
Regents  of  the  University  of  Idaho  shall,  upon  its  being 
established  as  provided  in  this  Act,  assume  all  powers  and 
perform  all  duties  now  held  by  the  Board  of  Regents  of  the 
University  of  Idaho  and  by  the  Boards  of  Trustees  of  the 
other  State  educational  institutions  enumerated  in  Section  1 
of  this  act. 

The  existing  Board  of  Regents  and  Boards  of  Trustees  of 
said  educational  institutions  shall,  upon  the  passage  and 
approval  of  this  act,  surrender  and  transfer  to  the  State 
Board  of  Education  and  Board  of  Regents  of  the  University 
of  Idaho,  all  duties,  rights,  powers  and  immunities  granted 


IDAHO  EDUCATIONAL  INSTITUTIONS  9 

them  under  existing  laws  of  this  State,  together  with  all 
property,  deeds,  records,  reports  and  appurtenances  of  any 
and  all  kinds  now  held  by  said  Board  of  Regents  under 
existing  laws;  and,  thereupon,  shall  cease  to  exist  as  pro^ 
vided  by  existing  laws ;  and  said  State  Board  of  Education 
and  Board  of  Regents  of  the  University  of  Idaho  shall  accept 
and  assume  all  such  rights,  duties,  powers,  immunities, 
property,  deeds,  records,  reports  and  appurtenances  afore- 
said and  hold  the  same  until  the  provisions  of  this  act  shall 
have  been  amended  or  repealed. 

Said  board  shall  have  and  maintain  its  office  at  the  State 
Capitol. 

(1913  L.  329;  C.  L.  38:3.) 
Note:      (1)    Control  of  University  Grant. 

(a)  When  the  Constitution  of  Idaho  was  framed  the  only  exist- 
ing grant  to  the  State  for  university  purposes  was  contained  in  the 
Act  of  2  February,  1881  (21  S.  326)  under  the  terms  of  which  the 
Federal  Government  retained  full  control  of  the  sale  of  land  and 
of  the  custody  and  the  investment  of  the  proceeds  thereof,  the 
State  acquiring-  only  the  income  therefrom. 

(b)  The  Constitutional  Convention  in  drafting  Sections  10  and 
11  of  Article  IX  recognized  the  complete  control  of  the  Federal 
Government  in  relation  to  the  university  grant  of  72  sections  (re- 
affirmed by  Idaho  Admission  Bill,  Sec.  8  of  26  S.  215)  and  there- 
fore excepted  university  land  grants  from  Section  11  of  Article  IX 
and  in  section  10  of  Article  IX  granted  the  Regents  control  of  tho 
university  lands  "under  such  regulations  as  may  be  prescribed 
by  law,"  evidently  referring  thereby  to  Federal  law. 

(Sec.  10,  Art.  IX:  1  Con.  Conv.  Pro.  766  and  849;  2  Con. 
Conv.  Pro.   1450.) 

(Sec.  11,  Art.  IX:  1  Con.  Conv.  Pro.  773  and  861;  2  Con. 
Conv.  Pro.   1287,   1331  and  1451.) 

(2)  Successor  to  Board  of  Regents  of  University. 

(a)    First  National  Bank  vs.  Regents,  26  I.  18,  140  P.  771. 
(See  Art.  X-I-15,  supra.) 

(3)  Corporate  Existence. 

(a)  University  of  Idaho:    (See  Art.  X-I,  supra.) 

(b)  Albion  Normal:     (See  Art.  X-IV,  supra.) 

Sec.  4.  Headquarters.  The  office  of  the  Superintendent 
of  Public  Instruction  shall  be  the  office  of  the  State  Board 
of  Education. 

(1911  L.  489,  Sec.  16.) 

Sec.  5.  Place  of  Meeting.  The  regular  place  of  meeting 
of  the  State  Board  of  Education  shall  be  in  the  State  Capitol, 
but  the  board  may  meet  elsewhere  when  it  is  deemed  neces- 
sary to  do  so. 

(1911  L.  489,  Sec.  17.) 

Sec.  6.  Removal  of  Members.  The  Governor  of  Idaho 
is  hereby  empowered  to  remove  from  membership  on  said 
Board  of  Education  and  Board  of  Regents  of  the  University 
of  Idaho,  any  member  who  shall  have  proven  himself  to  be 
guilty  of  gross  immorality,  malfeasance  in  office,  or  incom- 
petency; but  no  removal  for  personal  or  political  reasons 
shall  be  valid  without  the  concurrence  of  at  least  two-thirds 
of  the  members  of  the  Senate  of  this  State. 

(1913  L.    Ch.  77,  p.  329,  Sec.  4;  C.  L.  38:4.) 


10  IDAHO  EDUCATIONAL  INSTITUTIONS 

Sec.  7.  Meetings — Regular  and  Special.  Said  Board  of 
Education  and  Board  of  Regents  of  the  University  of  Idaho 
shall  hold  two  regular  meetings  annually  at  such  time  and 
place  as  may  be  directed  by  said  board,  but  special  meetings 
may  be  called  at  any  time  and  at  a  place  designated  in  such 
call  by  the  president. 

(1913  L.    Ch.  77,  p.  330,  Sec.  5;  C.  L.  38:5.) 

Sec.  8.  Honorarium  and  Expenses.  The  members  of 
said  board  shall  be  paid  all  necessary  personal  and  traveling 
expenses  in  carrying  out  the  provisions  of  this  act,  and 
shall  also  be  entitled  to  receive  an  honorarium  of  one  hun- 
dred dollars  ($100.00)  per  year.  Said  remuneration  shall 
be  allowed  and  paid  in  accordance  with  law  and  from  any 
funds  appropriated  by  the  Legislature  for  the  maintenance 
of  said  board. 

(1913  L,    Ch.  77,  p.  330,  Sec.  5;  C.  L.  38:6.) 

Sec.  9.  Powers  and  Duties  of  Board.  In  addition  to 
the  powers  and  duties  provided  in  Section  3  of  this  act,  the 
State  Board  of  Education  and  Board  of  Regents  of  the  Uni- 
versity of  Idaho  shall  have  the  following  special  duties, 
powers  and  responsibilities,  to-wit : 

(1913  Lr.    Ch.  77,  p.  330,  Sec.  6;  C.  L.  38:7.) 

Sec.  10.  Commissioner  —  Qualifications,  Tenure,  Re- 
moval. It  shall  have  power  and  it  shall  be  its  duty  to  ap- 
point, for  such  term  and  at  such  salary  as  it  may  designate, 
a  Commissioner  of  Education,  and,  upon  recommendation 
of  said  Commissioner  of  Education  may  appoint  such  other 
specialists,  assistants,  clerks  or  other  executive  officers  or 
employees  as  in  its  judgment  the  execution  of  the  work  of 
the  board  may  demand,  and  fix  the  salaries  of  the  same. 

Said  Commissioner  of  Education  shall  be  chosen  upon 
merit  and  because  of  his  special  fitness  to  propose  and  exe- 
cute beneficial  educational  policies  for  the  general  super- 
vision, government  and  control  of  the  State  educational  in- 
stitutions and  .public  schools  of  this  State. 

The  State  Board  of  Education  and  Board  of  Regents  of 
the  University  of  Idaho  shall  have  power,  upon  a  two-thirds 
vote  of  its  membership,  to  dismiss  the  Commissioner  of 
Education  for  cause  as  defined  in  Section  4  of  this  act. 

(1913  L.    Ch.  77,  p.  330,  Sec.  6   (1);  C.  L.  38:8.) 

Sec.  11.  Rules  and  Regulations.  Make  rules  and  regu- 
lations for  its  own  government  and  for  the  government  of 
its  executive  officers.  It  shall  assign  them  their  functions 
and  duties,  direct  them  as  to  their  work  and  be  free  to 
change  such  assignments  and  directions  to  meet  the  neces- 
sities of  the  work  under  their  direction. 

(1913  L.  Ch.  77,  p.  330,  Sec.  6    (2);  C.  L.  38:9.) 
Note:     See  Art.  I-C,  post;  Sec.  2  8,  post. 


IDAHO  EDUCATIONAL  INSTITUTIONS  11 

Sec.  12.  Supervision  of  Superintendents.  To  have 
general  supervision  of  the  work  of  the  county  and  city 
superintendents  and  of  the  public  schools  of  the  State. 

(1911  L.  488,  Sec.  8;  C.  L.  38:25.) 

Sec.  13.  Supervisory  Powers.  Determine  the  policy, 
direct  the  work  to  be  undertaken  and  appropriate  from  its 
funds  the  money  necessary  to  carry  out  such  work. 

(1913  L.    Ch.  77,  p.  330,  Sec.  6    (3);  C.  L.  38:10.) 

Sec.  14.  Appellate  Powers.  Constitute  a  final  court 
of  appeal  in  all  educational  controversies. 

Sec.  15.  Legislative  Powers.  Perform  legislative  func- 
tions not  inconsistent  with  law. 

Sec.  16.  Delegation  of  Executive  Powers.  Delegate  to 
its  executive  officers  the  execution  of  all  policies  decided 
upon. 

(1913  L,,  Ch.  77,  p.  330,  Sec.  6   (3);  C.  L.  38:11.) 

Sec.  17.  Budget.  It  shall  prepare  a  budget  of  necessary 
expenditures  for  the  proper  maintenance  of  the  department 
and  the  carrying  on  of  the  necessary  investigations  and 
present  the  same  to  the  Legislature  for  its  approval  and 
shall  have  control  of  all  moneys  so  appropriated. 

(1913  L.    Ch.  77,  p.  331,  Sec.  6  (3);  C.  L.  38:12.) 
Note:     See  Sees.  27  and  61,  post. 

Sec.  18.  Delegation  of  Power  to  Experts.  In  all  mat- 
ters which  involve  a  new  policy  and  new  methods  for  pro- 
cedure, the  experts  shall  report  back  to  the  board  for  in- 
structions; but,  once  having  given  these  instructions,  the 
execution  of  them  shall  be  left  to  the  experts  whom  the 
board  employs. 

(1913  L,    Ch.  77,  p.  331,  Sec.   6   (4);  C.  L.  38:13.) 

Sec.  19.  Executive  Officers — Powers  and  Duties.  Act- 
ing through  its  own  executive  officers,  the  State  Board  of 
Education  and  the  Board  of  Regents  of  the  University  of 
Idaho  shall: 

(1913  L.    Ch.  77,  p.  331,  Sec.  7;  C.  L.  38:14.) 

Sec.  20.  General.  Perform  all  duties  prescribed  by  the 
State  school  laws  of  this  State,  not  inconsistent  with  the 
provisions  of  this  act ; 

(1913  L.  Ch.  77,  p.  331,  Sec.  7  (1);  C.  L.  38:15.) 

Sec.  21.  Supervision  of  Schools.  Exercise  supervision 
and  inspection  over  all  departments  of  public  education 
supported  in  whole  or  in  part  by  State  funds  of  this  State, 
enforce  the  school  laws  of  the  State  ; 

(1913  U    Ch.  77,  p.  331,  Sec.  7   (1);  C.  L.  38:16.) 
(See  Note  (2)  to  Article  I- A,  supra.) 

Sec.  22.  General  Supervision.  To  have  general  super- 
vision of  the  educational  work  in  institutions  wholly  or 


12  IDAHO  EDUCATIONAL  INSTITUTIONS 

partly  supported  by  the  State,  which  are  not  under  the  su- 
pervision of  the  public  school  authorities; 

(1911  L.  487,  Sec.  5.) 

Sec.  23.  Study  Educational  Needs.  Study  the  educa- 
tional conditions  and  needs  of  the  State ;  and 

(1913  L.  331,  Sec.  7.) 

Sec.  24.  School  Code  Changes.  Approve  all  proposed 
changes  or  additions  to  existing  school  laws,  and 

(1913  L.  331,  Sec.  7.) 

Sec.  25.  Recommendations  to  Legislature.  Recommend 
to  the  Legislature  all  such  needed  changes  in  existing  laws 
or  additional  legislation. 

(1913  L.  Ch.  77,  p.  331,  Sec.  7   (1);  C  L.  38:17.) 

Sec.  26.  Same.  To  report  and  to  recommend  to  the 
Governor  and  to  the  Legislature  legislation  needed  to  make 
the  public  schools  of  this  State  more  efficient  and  useful. 

(1911  L.  487,  Sec.  4.) 

Sec.  27.  Budget  for  Legislature  .  It  shall,  prior  to  each 
meeting  of  the  State  Legislature  and  in  ample  time  for  due 
consideration  by  said  Legislature,  prepare  a  financial  budget 
setting  forth  the  financial  needs  of  all  State  educational 
institutions  under  its  supervision  and  control  for  the  period 
for  which  appropriations  are  to  be  made. 

(1913  L.,  Ch.  77,  p.  331,  Sec.  7   (2);  C.  L.  38:18.) 
(See  Sec.  17,  supra;  see  Sec.  61,  post.) 

Sec.  28.  Officers  of  Board.  The  State  Board  of  Edu- 
cation shall  have  such  officers  as  it  shall  deem  necessary, 
define  their  duties  and  elect  them  annually.  It  shall  fix 
the  times  of  its  regular  meetings,  which  shall  be  held  at 
least  semi-annually,  and  the  manner  of  calling  special 
meetings;  it  shall  make  its  own  by-laws  and  all  regula- 
tions deemed  necessary  to  carry  on  the  proper  work  and 
affairs  of  the  board. 

(1911  L.   489,  Sec.  15.) 
(See  Sec.  11,  supra;  see  Art.  I-C,  post.) 

Sec.  29.  Employees  of  Board.  The  State  Board  of  Ed- 
ucation shall  have  the  power  to  employ  such  assistance 
and  to  incur  such  other  expense  as  it  finds  necessary  for 
the  performance  of  its  duties  within  the  limits  of  its  funds 
and  of  the  appropriation  made  for  its  use. 

(1911  L.  489,  Sec.  18.) 

Sec.  30.  Supervise  Expenditures.  It  shall  supervise, 
direct  and  control  all  expenditures  of  funds  appropriated 
for  the  maintenance  and  improvement  of  State  educational 
institutions  as  designated  in  Section  1  of  this  act. 

(1913  L,    Ch.  77,  p.  331,  Sec.  7   (2);  C.  L.  38:19.) 


IDAHO  EDUCATIONAL  INSTITUTIONS  18 

Sec.  31.     Supervision  of  Buildings  and  Construction.     It 

shall  supervise,  direct  and  control  all  plans  and  specifica- 
tions for  such  improvements,  including  construction  or 
alteration  of  buildings,  equipment,  fixtures,  apparatus  and 
supplies,  and  through  its  proper  executive  officers  superin- 
tend the  construction  work  connected  with  such  improve- 
ments. 

(1913  L.  Ch.  77,  p.  331,  Sec.  7   (2);  C.  L.  38:20.) 

Sec.  32.  Course  of  Study.  To  prepare  or  cause  to  be 
prepared  a  course  of  study  for  the  public  schools  of  the 
State  and  to  prescribe  the  use  that  shall  be  made  of  the 
same.  The  State  Board  of  Education  shall  draw  up  and 
issue  a  course  of  study  in  accordance  with  the  above  pro- 
visions not  later  than  September  1,  1917. 

(1917  L.  Ch.  129,  p.  436;  1913  L.,  Ch.  115,  p.  435,  Sec.  9;  C.  L.. 
38:21,  and  1911  L.  488,  Sec.  9.) 

Ann.  Note:  Cited  O.  S.  L.  Railway  vs.  Minidoka,  etc.,  28  I.  214, 
153  P.  424,  as  to  maximum  levy  and  not  applicable  to  section 
above. 

Cross  Reference:  Preparation  of  eighth  grade  examinations, 
School  Laws,  Sec.  18  7. 

Sec.  33.  Elementary  Course.  The  State  course  of  study 
for  the  elementary  schools  shall  be  so  drawn  that  the  funda- 
mentals of  said  course  may  be  covered  in  the  minimum 
school  term  of  seven  (7)  months. 

(1917  L.  Ch.  129,  p.  436;  C.  L.  38:21.) 

Sec.  34.  Advanced  Courses.  That  additional  advanced 
and  supplementary  matter  shall  be  provided  for  schools 
having  longer  terms. 

(1917  L.  Ch.  129,  p.  436;  C.  L.  38:21.) 

Sec.  35.  Credit  for  Practical  Work.  That  in  place  of 
such  additional  matter  pupils  who  take  the  shorter  term 
may  receive  an  equivalent  amount  for  work  done  in  the 
home,  on  the  farm,  and  other  phases  of  practical  and  eco- 
nomic life. 

(1917  L.  Ch.  129,  p.  436;  C.  L.  38:21.) 

Sec.  36.  Advisory  Commission.  The  State  board  shall 
appoint  an  advisory  commission  to  work  under  its  direction 
and  aid  in  revising  the  State  course  of  study,  which  com- 
mission shall  include  representatives  of  the  teaching  pro- 
fession and  also  an  equal  or  greater  number  of  members 
chosen  from  other  occupations  and  walks  of  life  and  repre- 
senting the  various  sections  of  the  State.  The  said  com- 
mission shall  also  consider  other  questions  concerning  the 
work  of  the  public  schools  of  the  State. 

(1917  L.  Ch.  129,  pp.  436-7.) 

Sec.   37.     Same — Report   of   Advisory   Commission.      A 

comprehensive  report  of  the  work  of  the  commission  and  of 
the  actions  of  the  State  Board  of  Education  in  connection 


C.4  IDAHO  EDUCATIONAL  INSTITUTIONS 

therewith  shall  be  made  to  the  Governor  and  the  Legisla- 
ture not  later  than  January  1,  1919. 

(1917  L.  Ch.  129,  p.  437.) 

Sec.  38.  Expenses  of  Advisory  Commission.  The  actual 
expenses  incurred  by  the  said  commission  in  the  prosecu- 
tion of  its  work  shall  be  paid  from  any  portion  of  the 
teachers'  certification  fund  which  has  accrued  and  unex- 
pended on  February  1,  1917.  Said  payments  to  be  made  on 
claims  certified  by  the  State  Board  of  Education  and  ap- 
proved by  the  State  Board  of  Examiners. 

(1917  L.  Ch.  129,  p.  437.) 

Sec.  39.  Vocational  Education.  To  encourage  and  pro- 
mote agricultural  education,  manual  training,  domestic  sci- 
ence, and  such  other  vocational  and  practical  education  as 
the  needs  of  this  State  may  from  time  to  time  require. 

(1911  L.  487,  Sec.  6;  C.  L.  38:22.) 

Sec.  40.  Supervise  Courses  in  Institutions.  Classify, 
standardize  and  define  the  limits  of  all  instruction  in  the 
State  educational  institutions  of  the  State  and  promote  the 
efficiency,  harmonize  the  educational  interests  and,  so  far 
as  practicable,  prevent  wasteful  duplication  of  effort  in  such 
institutions. 

(1913  L.  Ch.  77,  p.  331,  Sec.  7   (3);  C.  I..  38:23.) 

Sec.  41.  Prescribe  Courses  of  Study.  Prescribe  the 
minimum  course  of  study  for  the  public  schools  of  the  State. 

(1913  L.  Ch.  77,  p.  331,  Sec.  7  (3). 

Sec.  42.  Supervision  of  Text  Books.  Determine  how 
and  under  what  regulations  text  books  shall  be  adopted  for 
the  use  of  such  schools ;  determine  whether  or  not  text  books 
shall  be  free  and  prescribe  the  regulations  under  which  such 
text  books  may  be  provided. 

(1913  L.  Ch.  77,  p.  331,  Sec.  7   (3);  C.  L.  38:24.) 

Sec.  43.  Supervise  Summer  Normal  Schools.  Super- 
vise, govern  and  direct  the  work  of  the  State  summer  nor- 
mal schools  and  teachers'  institutes ;  decide  as  to  the  number 
and  location  of  such  schools  and  teachers'  institutes ;  estab- 
lish or  approve  professional  schools  in  accordance  with  law 
and  determine  the  credit  which  may  be  granted  for  all  work 
done  in  such  schools. 

(1913  L.  Ch.  77,  p.  332,  Sec.  7  (4);  C.  L.  38:26.) 

Sec.  44.  Certification.  Shall  have  entire  supervision 
and  control  of  the  certification  of  teachers  in  accordance 
with  law  and  shall  have  authority  to  modify  or  simplify  at 
its  discretion  the  procedure  in  carrying  out  the  provisions 
of  law. 

(1913  L.  Ch.   77,  p.  332,  Sec.  7    (5);   C,  L.  38:28.) 


IDAHO  EDUCATIONAL  INSTITUTIONS  15 

Sec.  45.  State  Library  Commission.  Supervise,  govern 
and  direct  the  State  Library  Commission  and  adopt  such 
regulations  for  its  administration  as  may  contribute  to  its 
efficiency  in  the  service  of  the  people  and  in  promoting  the 
educational  welfare  of  the  State. 

(1913  L.  Ch.  77,  p.   332,  Sec.   7   (6);  C.  L.  38:33.) 

Sec.  46.  Conserve  Health.  In  co-operation  with  other 
departments  of  the  State  government,  the  board  shall  see 
to  it  that  the  rules  relating  to  schools,  health,  compulsory 
education,  child  labor  and  child  conservation  are  enforced, 
and,  in  addition,  shall  plan  an  active  campaign  for  the 
public  conservation  of  childhood. 

(1913  L.  Ch.  77,  p.  332,  Sec.  7   (7);  C.  L.  38:34.) 

Sec.  47.  Health  Supervision.  In  co-operation  with  the 
State  Board  of  Health,  shall  standardize  sanitary  appli- 
ances, school  furniture,  school  equipment  and  supplies  and 
school  buildings;  shall  provide  for  an  efficient  system  of 
health  supervision,  medical  inspection  and  physical  devel- 
opment work  in  all  public  schools,  and  prepare  and  adopt 
such  rules  and  regulations  as  will  provide  for  the  effective 
administration  of  such  system.  It  shall,  if  deemed  advisable, 
set  aside  such  school  funds  as  may  be  found  necessary  to 
properly  administer  such  system. 

(1913  L.  Ch.  77,  p.  332,  Sec.  7   (8);  C.  L.  38:35.) 

Sec.  48.  Sanitary  Regulations.  To  prescribe  rules  and 
regulations  for  the  sanitary  equipment  and  inspection  of 
school  buildings,  and  to  take  such  other  action  as  it  may 
deem  necessary  and  expedient  to  promote  the  physical  and 
moral  welfare  of  the  children  of  the  public  schools  of  this 
State. 

(1911  L.  488,  Sec.  7.) 

Sec.  49.  Reports  of  Schools.  Standardize,  approve  or 
compile  and  adopt  for  use  in  all  State  institutions  and  public 
schools  of  the  State,  a  system  of  reports  covering  all  essen- 
tial phases  of  administration  of  such  educational  work  and 
shall  enforce  the  use  of  such  adopted  forms  for  reports. 

(1913  L.  Ch.  77,  p.   332,  Sec.   7   (9);   C.  L.  38:36.) 

Sec.  50.  Teachers'  Examinations.  Prepare  or  cause  to 
be  prepared  examination  questions  for  all  classes  of  teach- 
ers' certificates  requiring  written  examinations. 

(1911  L.  Ch.  159,  p.  488,  Sec.  10;  C.  L.  38:29.) 

Sec.  51.  Examining  Board.  Appoint  a  sufficient  num- 
ber of  competent  examiners  to  read  and  grade  the  papers  of 
all  applicants  for  all  classes  of  certificates. 

(1911  L.  Ch.  159,  p.  488,  Sec.  11;  C.  L.  38:30.) 

Sec.  52.  Examining  Board  Expenses.  Pay  such  exam- 
iners for  such  services  a  sum  not  to  exceed  five   ($5.00) 


16  IDAHO  EDUdATIONAli  INSTITUTIONS 

dollars  per  diem  together  with  actual  mileage  and  expense 
for  all  time  spent  upon  examining  papers  and  for  all  time 
necessarily  consumed  en  route  to  and  from  the  place 
where  the  grading  is  done.  Said  payments  to  be  made 
out  of  the  funds  of  the  State  Board  of  Education. 

(1911  L.  Ch.  159,  p.  488,  Sec.  11;  C.  L.  38:30.) 
Cross  Reference:     1915  L.  331. 

Sec.  53.  Record  of  Examinations.  Keep  a  record  of 
the  grades  made  by  all  persons  taking  examinations,  to  pre- 
serve all  examination  papers  for  ninety  (90)  days. 

Sec.  54.  Record  of  Certificates.  Keep  a  record  of  all 
certificates  granted  or  revoked,  showing  to  whom  issued, 
age  of  grantee,  date  of  issue,  grade  and  duration  of  each 
certificate,  and,  if  revoked,  the  date  and  reason  therefor. 

(1911  L.  Ch.  159,  p.  488,  Sec.  12;  C.  L.  38:31.) 
Cross  Reference:     School  Laws,  Sees.  98a  and  98b. 

Sec.  55.  Report  on  Examination  Results — County  Cer- 
tificates. Report  to  the  county  superintendents  all  the 
grades  of  each  and  every  applicant  for  county  certificates 
from  the  respective  counties  throughout  the  State,  such  re- 
ports to  constitute  the  authority  for  the  issuance  of  such 
county  teachers'  certificates  as  are  provided  by  law. 

(1911  L.  Ch.  159,  p.  488,  Sec.  13;  C.  L.  38:32.) 

Sec.  56.  Institutes — County  and  Joint.  Prescribe  rules 
and  regulations  for  the  holding  of  teachers'  county  and 
joint  county  institutes,  such  institutes  being  convened  as 
provided  by  this  act  at  such  times  and  places  as  shall  be 
determined  by  the  county  superintendents  of  the  respective 
counties. 

(1911  L.  Ch.  159,  p.  489,  Sec.  14;  C.  L.  38:27.) 

Sec.  57.  Publication  of  Reports.  At  such  times  as  may 
be  deemed  advisable,  and  consistent  with  its  financial  ability 
so  to  do,  it  shall  prepare  and  order  published  such  reports, 
including  statistical  tables,  as  may  constitute  a  contribution 
to  the  general  educational  welfare  of  the  State,  and  shall 
provide  for  the  distribution  of  the  same. 

(1913  L.  Ch.  77,  p.  332,  Sec.  7    (10). 

Sec.  58.     Course  of  Study  for  Penitentiary  Inmates.    The 

State  Board  of  Education  shall  have  prepared  courses  of 
study  for  all  grades  and  make  provision  for  the  giving  of 
university  extension  courses  to  all  prisoners  held  under  the 
jurisdiction  of  the  warden  of  the  Idaho  State  Penitentiary 
and  the  State  Board  of  Prison  Commissioners  shall  make 
necessary  arrangements  for  putting  into  effect  all  provisions 
for  the  education  of  such  persons  as  are  prisoners  of  the 
State  and  held  under  the  jurisdiction  of  said  warden. 

(1&17  L.  Ch.  106,  p.  385,  Sec.  2  (4a);  C.  L.  38:39.) 


IDAHO  EDUCATIONAL  INSTITUTIONS  17 

Sec.  59.  Annual  Report  of  State  Board  of  Education — 
Recommendations.  The  president  and  secretary  of  said 
State  Board  of  Education  and  Board  of  Regents  of  the  Uni- 
versity of  Idaho  shall,  on  the  first  day  of  January  of  each 
year,  transmit  to  the  Governor  of  the  State,  and  to  the  Leg- 
islature at  its  regular  session,  a  report  of  the  doings  of  said 
board,  setting  forth  a  full  report  of  the  expenditures  of  the 
same  for  the  previous  year,  giving  each  item  in  full,  and 
the  date  thereof,  and  such  recommendations  as  they  deem 
proper  for  the  good  of  the  State  educational  institutions  and 
public  schools  of  the  State. 

(1913  L.  Ch.  77,  p.  332,  Sec.  8;  C.  L.  38:38.) 

Sec.  60.  Scope  and  Purpose  of  Act.  This  act  consti- 
tutes a  law  providing  for  the  establishment  and  government 
of  a  State  Board  of  Education  in  compliance  with  Section  2 
of  Article  9  of  the  Constitution  of  the  State  of  Idaho,  and 
all  acts  or  parts  of  acts  which  modify  or  tend  to  modify  this 
act  or  any  part  thereof  shall  be  disregarded  by  the  courts 
in  the  construction  of  the  school  laws  of  Idaho. 

(1913  L.   333,   Sec.    10.) 

Sec.  61.     Budget  and  Financial  Statement. 

a.  The  State  Board  of  Education  and  Board  of  Regents 
of  the  University  of  Idaho  and  the  Boards  of  Trustees 
of  *  *  *  other  State  institutions  shall  on  or  before 
the  fifteenth  day  of  December,  1914,  and  biennially  there- 
after, file  with  the  State  Board  of  Examiners  an  itemized 
account  of  all  expenditures  for  the  previous  two  years 
^j^(j  *  *  *  at  the  same  time  file  with  such  *  *  * 
examiners  an  itemized  estimate  of  the  necessary  funds 
which  the  incoming  Legislature  will  be  asked  to  appro- 
priate for  such  State  institutions. 

(1913  L.  487;   C.  L.  Sec.  281c.) 

b.  The  heads  of  each  department  of  the  State,  Governor 
and  all  officers  maintained  by  the  State  of  Idaho  *  *  * 
shall  on  or  before  the  15th  day  of  December,  1914,  and 
biennially  thereafter  [see  Sec.  61a,  supra] . 

(1913  L.  487;  C.  L.  Sec.  281d.) 

c.  Any  officer,  member  of  the  State  Board  of  Education, 
or  Board  of  Trustees,  or  the  head  of  any  department 
*  *  *  neglecting  to  comply  with  the  provision  of  this 
^act  shall  be  deemed  guilty  of  a  misdemeanor  and  upon 
conviction  shall  be  punished  by  a  fine  not  to  exceed 
$500.00. 

(1913  L.  488;   C.  L.  Sec.  281f.) 

Sec.    62.     Agricultural    Extension    Work — Smith-Lever 
Funds. 

a.  The  State  Board  of  Education  and  Board  of  Regents 


18  IDAHO  EDUCATIONAL  INSTITUTIONS 

of  the  University  of  Idaho  *  *  *  ^^g  authorized  and 
empowered  to  receive  the  grants  *  *  *  appropriated 
under  such  act  and  to  organize  and  conduct  agricultural 
extension  work,  which  shall  be  carried  on  in  connection 
with  the  terms  and  conditions  expounded  in  the  act  of 
Congress        *     *     ^ 

(1915  L.  397.) 

b.  The  treasurer  of  the  State  Board  of  Education  and 
Board  of  Regents  of  the  University  of  Idaho  is  hereby 
designated  as  the  officer  to  whom  all  moneys  granted  to 
the  State  of  Idaho  under  this  Act  shall  be  paid. 

(1915  L.  397.) 

Sec.  63.     High  Altitude  Experimental  Farm. 

a.  The  Director  of  Experiment  Stations  and  the  State 
Board  of  Education  are  *  *  *  authorized  to  select 
a  tract  of  State  land  for  the  purpose  of  establishing  ex- 
periment farm  *  *  *  located  at  an  elevation  of  6000 
feet  or  more  *  *  *  f^j.  experimentation  and  dem- 
onstration work  for  high  altitude  areas  *  *  *  and 
*  *  *  for  the  purpose  of  developing  the  high  altitude 
areas  of  the  State  for  agricultural  purposes. 

(1917  L.   458.) 

b.  The  control  and  conduct  of  said  experiment  farm 
shall  be  the  same  as  have  heretofore  been  provided  for  to 
the  experiment  farms  of  the  State. 

(1917  L.   458.) 

(See  Art.  IV-C,  post;  see  Art.  IV-E-3,  post.) 

Sec.  64.     Secondary  Agricultural  Schools. 

(1909  L.  339.) 

Reference:     See  Art.  IV-E-1,  post. 

Sec.  65.     Caldwell  Experiment  Farm. 

(1911  L.  792.) 

Reference:     See  Art  IV-E-2,  post. 

Sec.  66.     County  Agents. 

(1917  L.  483.) 

Reference:     See  Art.  IV-E-4,  post. 

Sec.  67.     Coeur  d'Alene  Farm. 

(35  S.  at  L.  626.) 

Reference:     See  Art.  IV-F-1,  post. 

Sec.  68.     Carnegie  Foundation — Eligibility. 

(1909  L.  445.) 

Reference:     See  Art.  IV-E-5,  post. 


IDAHO  EDUCATIONAL  INSTITUTIONS  19 

C.      Rulles  and  Regulations. 

I.  Board  Procedure. 

II.  General   Control. 

III.  Central   Office. 

IV.  Institutions. 

1.  General. 

2.  Special. 

a.  University  of  Idaho. 

b.  Lewiston  State  Normal  School. 

c.  Albion  State  Normal  School. 

d.  Idaho  Technical  Institute. 

e.  Industrial  Training  School. 

f.  Deaf  and  Blind  School. 

3.  Summer  Schools. 
V.      Public  Schools. 

VI.     Certification. 

VII.     Publications. 

VIII.      Miscellaneous. 

I.      Board  Procedure. 

1.  Officers  : 

The  officers  of  this  board  shall  be 
President, 
Vice-President, 
Secretary. 
These  officers  shall  be  elected  annually  at  the  first  regular 
meeting  in  each  calendar  year  and  shall  hold  office  for  one 
year  from  the  first  Monday  in  April  of  said  year. 

2.  Meetings: 

Regular  meetings  of  the  board,  except  as  otherwise  de- 
termined by  special  vote,  shall  be  held  quarterly  on  the  third 
Tuesday  of  January,  April,  July  and  October. 

The  president  shall  call  special  meetings  as  provided  by 
law,  or  upon  receipt  of  a  request  in  writing  signed  by  three 
members  of  the  board  or  as  instructed  by  a  majority  vote 
of  the  board  at  any  meeting. 

3.  Order  of  Business  : 

In  general  the  business  to  come  before  the  board  shall  be 
considered  in  order  as  follows : 

a.  Reading  and  approval  of  minutes. 
h.  Report  of  commissioner. 

c.  Report  of  business  agent. 

d.  Reports  of  standing  committees. 

e.  Reports  of  heads  of  institutions. 
/.  Reports  of  special  committees. 

g.  Unfinished  business. 
h.  New  business. 

4.  Place  of  Meeting  : 

All  regular  meetings  of  the  board  shall  be  held  at  its  office 
in  the  Capitol  at  Boise,  Idaho. 


20  IDAHO  EDUCATIONAL  INSTITUTIONS 

5.  Quorum  : 

A  majority  of  the  board  shall  constitute  a  quorum  for  the 
transaction  of  business,  provided  that  any  action  affecting 
the  tenure  or  salary  of  the  head  of  any  institution  shall  re- 
quire the  approval  of  a  majority  of  the  entire  board.  A 
number  less  than  a  quorum  may  adjourn  from  time  to  time. 

A  majority  of  the  members  of  any  committee  shall  consti- 
tute a  quorum  thereof;  but  all  actions  of  committees  shall 
require  the  approval  of  a  majority  of  the  board  members 
who  are  included  in  the  committee  concerned ;  provided  that 
any  member  of  a  committee  may  require  that  an  action 
taken  by  the  committee  be  referred  to  the  whole  board  for 
approval  before  being  put  into  effect. 

6.  Actions  by  Correspondence  : 

The  board  as  a  whole  and  any  committee  may  take  action 
by  correspondence,  provided  that  such  action  shall  in  all 
cases  be  unanimous. 

7.  Committees: 

At  the  regular  April  meeting  in  each  year  the  president 
shall  appoint  the  following  committees  to  serve  one  year : 

a.  An  executive  committee  for  each  of  the  State  edu- 
cational institutions.  Each  executive  committee  shall  in- 
clude the  head  of  the  institution,  who  shall  be  the  secre- 
tary of  the  committee,  the  Commissioner  of  Education, 
and  a  member  of  the  board,  who  shall  be  chairman  of  the 
committee;  in  the  case  of  the  university  two  additional 
board  members,  one  of  whom  shall  be  the  president  of 
the  board. 

b.  A  committee  on  public  schools,  consisting  of  the 
Commissioner  of  Education  and  three  members  of  the 

.  board,  one  of  whom  shall  be  the  State  Superintendent. 

c.  A  certification  committee,  consisting  of  the  Com- 
missioner and  the  State  Superintendent. 

d.  A  business  administrative  Committee,  consisting  of 
two  members  of  the  board,  the  commissioner,  and  the 
business  agent,  who  shall  be  secretary. 

8.  Committee  Minutes: 

All  committees  shall  make  minutes  of  each  meeting  as 
held  and  of  all  actions  taken  by  correspondence,  transmit- 
ting copies  immediately  to  the  commissioner,  the  business 
agent,  and  the  several  members  of  the  board. 

All  actions  as  expressed  in  such  minutes  shall  be  subject 
to  approval  at  the  regular  meetings  of  the  board,  and  when 
approved  shall  become  a  part  of  the  minutes  of  the  board. 

9.  Rules  of  Order  : 

In  all  matters  of  procedure  not  especially  covered  by  the 


IDAHO  EDUCATIONAL  INSTITUTIONS  21 

regulations  of  the  board,  the  provisions  of  Roberts'  Rules 
of  Order  shall  be  followed. 

II.      General  Control. 

1.  The  Board  Will  : 

a.  Authorize  annual  budgets  or  estimates  providing 
for  the  expenditure  of  its  own  funds  and  the  funds  of  the 
institutions.  Any  modifications  of  these  budgets  must  be 
approved  by  the  board. 

h.  Make  all  appointments  to  its  own  staff  and  the  staffs 
of  the  various  institutions ;  provided  that  it  may  delegate 
the  filling  of  minor  positions. 

c.  Decide  all  questions  of  policy,  and  all  new  or  impor- 
tant questions  arising  in  its  affairs;  except  in  cases  of 
emergency  as  hereinafter  provided. 

2.  Institution  Committees: 

The  executive  committees  of  the  several  institutions  have 
the  following  duties  : 

a.  To  discuss  and  formulate  all  matters  concerning  the 
institutions  which  are  to  be  presented  to  the  board  for 
action,  including  particularly: 

Annual  budgets  of  expenditures,  and 
Appointments  to  the  staff ;  provided  that  nominations 
for  such  appointments  be  made  by  the  head  of  the  in- 
stitution. 

h.  To  act  upon  emergencies  between  meetings  of  the 
board  in  matters  that  would  ordinarily  be  acted  upon  by 
the  board. 

c.  To  approve  quarterly  budgets  which  shall  be  within 
the  annual  budgets  approved  by  the  board. 

2a.    General  Committees  :  Business  Administration  . 

a.  The  business  administration  committee  shall  con- 
sider all  matters  of  financial  and  business  procedure  and 
administration,  and  make  recommendations  to  the  board 
concerning  them. 

h.  This  committee  shall  be  a  standing  committee  on 
rules  and  regulations. 

c.  This  committee  may  at  any  time  make  recommenda- 
tions relating  to  the  business  administration  of  any  insti- 
tution to  the  executive  committee  of  that  institution. 

2b.    General  Committees:  Public  Schools. 

a.  The  public  schools  committee  shall  consider  all  mat- 
ters relating  to  the  public  schools  of  the  State  and  make 
recommendations  to  the  board  concerning  them. 

h.  This  committee  shall  have  power  to  approve  plans 


22  IDAHO  EDUCATIONAL  INSTITUTIONS 

for  the  consolidation  of  school  districts  under  Section  47c 
of  Article  V  of  the  School  Law. 

Note:  Section  47c  referred  to  is  found  at  C.  L.  38:68;  1913  L.  eh. 
119,  §  1,  p.  463;  see  Carlson  v.  Mullen,    29  I.  795;   162  P.  332. 

2c.    General  Committees:  Certification. 

a..  The  certification  committee  shall  pass  upon  all  cases 
of  certification  arising  under  the  statute  and  the  certifi- 
cation rules  of  the  State  Board  of  Education. 

b.  This  committee  shall  formulate  and  recommend  to 
the  board  regulation  concerning  certification  in  accord- 
ance with  Section  90c  of  the  School  Law. 

Note:  Section  referred  to  found  at  C.  L.  38:147;  1915  L.  ch.  153, 
§  3,  p.  327. 

3.  The  Commissioner  of  Education  is  the  general 
executive  officer  of  the  board,  and  has  the  duties  and  powers 
prescribed  by  statute,  and  by  the  following  provisions : 

a.  He  shall  exercise  general  supervision  over  the  whole 
educational  system  of  the  State,  and  over  all  matters  con- 
trolled by  the  board. 

b.  He  shall  bring  to  the  attention  of  the  board  any  and 
all  matters  which  in  his  judgment  need  consideration. 

c.  He  shall  act  as  a  member  of  the  executive  committee 
of  each  institution,  and  especially  to  assist  in  keeping  the 
procedure  and  actions  of  each  institution  in  accord  with 
the  general  policies  of  the  board. 

d.  He  shall  confer  with  the  head  of  each  institution  on 
all  matters  of  moment,  and,  at  his  discretion,  call  meet- 
ings of  the  heads,  or  groups  of  them,  for  discussion  of 
matters  of  common  concern. 

4.  The  Head  of  Each  Institution  shall  have  the  fol- 
lowing duties  and  powers : 

a.  He  shall  originate  plans  or  policies,  nominate  can- 
didates for  all  vacancies  in  the  staff,  organize  the  budget 
expenditures,  and  in  other  ways  take  the  initiative  in  the 
organization  and  administration  of  the  institution,  and 
present  all  these  matters  to  the  executive  committee,  and 
through  the  committee  to  the  board.  Provided  that  the 
head  of  the  institution  shall  appear  personally  before  the 
board,  when  necessary,  and  in  all  cases  at  least  once  a 
year. 

b.  All  official  communications  between  a  member  of 
the  staff  of  any  institution  and  the  board  or  the  executive 
committee  shall  be  made  through  the  head  of  the  insti- 
tution ;  provided  that  any  such  member  has  the  right  of 
formal  written  appeal  first  to  the  executive  committee 
and  thence  to  the  board,  a  copy  of  which  appeal  shall  be 
filed  with  the  head  of  the  institution. 


IDAHO  EDUCATIONAL  INSTITUTIONS  23 

5.  The  Business  Agent  has  the  following  duties : 

a.  To  plan  and  organize,  under  the  direction  of  the 
commissioner  and  the  board,  and  in  conference  with  the 
heads  and  business  officers  of  the  institutions,  the  finan- 
cial and  statistical  work  of  the  board. 

h.  He  is  to  check  up  and  approve  vouchers  from  the 
institutions ;  for  this  purpose  the  several  institutions  shall 
supply  payrolls  which  have  been  properly  approved  and 
give  notice  of  any  changes  as  they  may  occur  from  time 
to  time. 

c.  He  shall  also  be  supplied  with  annual  and  quarterly 
budgets  for  all  institutions  which  are  to  be  approved  re- 
spectively by  the  board  and  the  executive  committees. 

All  vouchers  must  be  in  accord  with  the  payrolls  filed 
and  approved  or  within  the  budgets  approved.  The  busi- 
ness agent  shall  pass  no  claim  which  appears  to  be  un- 
authorized until  a  full  investigation  has  been  made  and 
satisfactory  evidence  of  authorization  secured. 

d.  He  shall  cooperate  with  the  institutions  in  securing 
the  best  possible  prices  and  qualities  for  all  purchases. 
Plans  are  to  be  made  for  pooling  purchases  for  all  or  sev- 
eral institutions  where  economy  and  efficiency  can  be  in- 
creased thereby. 

6.  Budgets,  Requisitions  and  Vouchers  : 

All  expenditures  of  institution  funds  shall  be  authorized 
as  follows : 

a.  The  executive  committee  of  each  institution  shall 
present  to  the  board  an  annual  budget  for  each  year's 
expenditures;  this  budget  when  approved  by  the  board 
shall  govern  all  expenditures.  Such  budgets  shall  become 
part  of  the  minutes  of  the  board.  They  may  be  modified 
only  by  an  action  of  the  board. 

h.  The  executive  committee  shall  approve  quarterly 
budgets  within  the  limits  of  the  approved  annual  budgets. 
These  budgets  shall  be  entered  in  full  in  the  minutes  of 
the  executive  committee,  and  may  be  modified  by  the  said 
committee. 

c.  The  head  of  the  institution  shall  approve  on  proper 
requisition  forms  all  specific  expenditures  within  the 
limits  of  the  quarterly  budgets. 

III.      Central  Office. 

1.   Staff. 

(1)  The  commissioner,  state  superintendent,  business 
agent,  chief  clerk,  certification  clerk,  stenographer  and 
such  other  office  assistants  as  may  be  appointed  by  the 
board  shall  constitute  the  staff. 


24  IDAHO  EDUCATIONAL  INSTITUTIONS 

(2)  All  members  of  the  staff  with  exception  of  the 
state  superintendent  shall  be  appointed  and  shall  hold 
office  and  be  paid  subject  to  the  provisions  of  the  laws  of 
the  State  and  within  the  limits  of  funds  legally  available 
for  such  purposes. 

(3)  The  Commissioner  of  Education  is  responsible  for 
the  organization  and  administration  of  the  central  office 
and  shall  have  full  power  and  authority  in  all  matters 
arising  in  the  office.  He  shall  direct  and  supervise  the 
work  of  all  members  of  the  staff  in  accordance  with  these 
rules  and  regulations  and  other  actions  of  the  State  Board 
of  Education. 

(4)  The  business  agent  and  other  heads  of  the  depart- 
ments shall  be  appointed  by  the  board  upon  the  recom- 
mendation of  the  commissioner  as  provided  in  the  statute. 

(5)  Clerks,  stenographers  and  other  assistants  shall  be 
appointed  and  their  duties  assigned  by  the  commissioner 
with  the  advice  of  the  head  of  the  department  concerned. 

(6)  All  employees  of  the  State  Board  of  Education  hold 
office  by  virtue  of  service  satisfactorily  rendered.  Heads 
of  departments  may  be  removed  at  any  time  by  the  board 
upon  recommendation  of  the  commissioner;  other  em- 
ployees by  the  commissioner. 

2.   Printing,  Publishing  and  Mailing  : 

(1)  All  printing  jobs  estimated  to  run  over  $100  shall 
be  submitted  for  bids  to  not  less  than  three  shops. 

(2)  No  printed  matter  shall  bear  the  imprint  of  the 
shop  doing  the  work. 

(3)  a.  The  Idaho  Bulletin  of  Education  shall  be  pub- 
lished not  less  than  four  times  a  year.  The  January  issue 
in  even  years  shall  be  the  annual  report  of  the  board,  and 
in  odd  years  the  biennial  report. 

h.  The  commissioner  shall  be  editor  of  the  Bulletin,  and 
determine  the  content  and  form  of  all  issues,  subject  to 
the  actions  of  the  board. 

(4)  Mailing  list  for  printed  and  circular  matter  shall 
be  approved  by  the  commissioner. 

(5)  The  business  agent  shall  provide  for  recording  the 
distribution  of  printed  and  circular  matter,  showing  num- 
ber of  copies  made,  and  to  whom  sent. 

(6)  All  official  bulletins,  handbooks,  etc.,  which  relate 
to  the  work  of  the  public  schools,  or  to  the  field  of  educa- 
tion in  general,  will  be  published  under  the  authority  of 
the  State  Board  of  Education,  and  issued  from  the  state 
department. 


IDAHO  EDUCATIONAL  INSTITUTIONS  25 

(7)  The  central  office  and  the  several  institutions  shall 
give  as  much  of  their  small  jobs  of  printing  to  the  print- 
ing department  of  the  Industrial  Training  School  as  is 
necessary  to  give  the  pupils  in  that  department  constant 
practice,  the  charge  of  the  Industrial  Training  School  for 
all  such  work  to  include  only  cost  of  materials. 

ARTICLE  II. 

EDUCATIONAL  AND  ENDOWMENT  GRANTS. 
A.      Common  (Elementary  and  High)  Schools. 

I.  Grant  of  Sections  16  and  36. 

1.  Sections  16  and  36  in  each  township  in  the  territory 
which,  when  surveyed,  be  "reserved  for  the  purpose  of 
being  applied  to  schools  in  said  territorj^  and  in  the  states 
and  territories  hereafter  to  be  erected  out  of  the  same.'' 

(Act  of  3  March,  1863;   12  S.  at  L.  808.) 
(Org-anic  Act  of  the  Territory  of  Idaho.) 

2.  Sections  16  and  36  in  the  territories  of  *  *  * 
Idaho  *  *  *  shall  be  reserved  for  *  *  *  being 
applied  to  schools  in  the  *  *  *  territories  *  *  * 
and  in  the  states     *     *     *     to  be  erected  out  of  the  same. 

(Act  of  3  March,  1863;   12  S.  at  L.   814.) 
(Sec.  19  46  Rev.  Stat,  of  U.  S.) 

3.  Sections  16  and  36  *  *  *  granted  to  State  for 
support  of  common  schools. 

(Sec.  4  of  Act  of  3  July,  1890;   26  S.  at  T^.  215.) 
(Idaho  Admission  Bill.) 

II.  Grant  of  Percentage  of  Proceeds  of  Sale. 

1.  Five  per  cent  of  the  proceeds  of  sale  of  public  lands 

*  *  *  within  *  *  *  State  *  *  *  subsequent 
to  *  *  *  admission  of  said  State  *  *  *  after  de- 
ducting    *     *     *     expenses     *     *     *     ^^.^  ^^  j^g  ipaid  to 

*  *  *  State  *  *  *  as  a  permanent  fund  *  *  *  the 
interest  *  *  *  only  (to  be)  expended  for  the  support  of 
the  common  schools  within  the  State. 

(See:      32  S.  L.  388;   Act  17  June,   1902;   Art.  III-A-II-2a,  post.) 
B.     University  Grants. 

I.   General  Grant  to  Territories. 

1.  Seventy-two  entire  sections  granted  to  Idaho  et  al. 
for  use  and  support  of  a  university  ''when  *  *  *  ^(j_ 
mitted  as  states'' ;  lands  to  be  sold  under  the  direction  of 
the  Secretary  of  the  Interior;  proceeds  to  be  invested  in 
United  States  bonds,  the  same  to  constitute  a  university 
fund;  no  part  of  income  therefrom  to  be  expended  for 
buildings  or  salaries  of  teachers  or  professors  until  fund 
reaches  $50,000,  and  then  only  interest  to  be  used  for 


26  IDAHO  EDUCATIONAL  INSTITUTIONS 

either  of  the  foregoing  purposes  until  the  said  fund  shall 
amount  to  $100,000,  when  any  excess  and  the  interest 
thereof  may  be  used  for  the  proper  establishment  and 
support,  respectively,  of  said  universities. 

Act  of  18  February,  1881;  21  S.  at  L.  326.) 
(See  1  Con.  Conv.  Pro.  1292.) 

II.  Specific  Grants  to  Idaho. 

1.  For  "university  purposes." 

"That  the  lands  granted  to  the  Territory  of  Idaho  by 
the  act  of  February  18,  1881,  *  *  *  are  hereby 
vested  in  the  State  of  Idaho  to  the  extent  of  the  full 
quantity  of  seventy-two  sections  to  said  State  *  *  *, 
the  proceeds  shall  constitute  a  permanent  fund  to  be 
safely  invested  and  held  by  said  State  and  the  income 
thereof  to  be  used  exclusively  for  university  pur- 
poses.    *     *     *      " 

(Sec.  8  of  Act  of  3  July,  1890;   26  S  at  L.  215.) 
(Admission  Bill.) 

2.  For  support  and  maintenance  of  university. 

"That  in  lieu  of  the  grant  of  land  for  *  *  *  in- 
ternal improvement  (Sec.  8,  Act  4  Sept.  1881;  5  S.  at 
L.  455)  *  *  *  repealed  as  to  the  State  of  Idaho, 
and  in  lieu  of  *  *  *  claim  by  the  *  *  *  State 
under  the  act  of  September  28,  1850  (9  S.  at  L.  519) 
and  Section  2479  *  *  *  Revised  Statutes  *  *  * 
which  grant  is  hereby  declared,  is  not  extended  to  the 
State  of  Idaho  and  in  lieu  of  of  any  grant  of  saling 
lands  (see  18  S.  at  L.  476)  the  following  grants  of  land 
are  hereby  made,  to-wit:  To  the  State  of  Idaho: 
*  *  *  for  the  support  and  maintenance  of  the  State 
University,  located  at  Moscow,  50,000  (Sec.  11,  Act  3 
July,  1890;  26  S.  at  L.  215). 

(Idaho  Admission  Bill.) 

III.  Beneficiary  of  Grant. 
1.  Constitution  of  Idaho : 

^  «  *  *  *  ^jl  ^Yie  rights,  immunities,  fran- 
chises, and  endowments  heretofore  granted  thereto  by 
the  Territory  of  Idaho  are  hereby  perpetuated  unto  the 
said  university     *     *     *      »» 

b.  "The  regents  shall  have  *  *  *  the  control 
and  direction  of  all  the  funds  of  *  *  *  the  univer- 
sity, under  such  regulations  as  may  be  prescribed  by 
law.'' 

Const.  Art.  IX,  Sec.  10. 

c.  "The  permanent  educational  funds  other  than 
funds  arising  from  the  disposition  of  university  lands 
belonging  to  the  State,  shall  be  loaned     *     *     *      »» 

(Const.  Art.  IX,  Sec.  11.     Amendment  No.  7.) 


IDAHO  EDUCATIONAL  INSTITUTIONS  27 

2.  Statutes  of  Idaho :  - 

a.  The  University  of  Idaho  established  at  Moscow. 

(15  Ter.  Laws  21;  1889  L.  21.) 

b.  Appropriation  to  university  of  all  accruals  of 
grants  of  18  Feb.,  1881  (21  S.  at  L.  326,  supra) 
and  of  3  July,  1890  (Sec.  11,  26  S.  at  L.  215,  supra) 
said  proceeds  to  be  placed  in  "University  Fund"  for  the 
support  and  maintenance  of  the  university. 

(1905  L,  417;  C.  L.  40:6  to  40:9,  inc.) 

c.  Funds  to  be  deposited  under  State  depository  law. 

(1915  L.  385;  C.  L.  31:19.) 

3.  Decisions:     Evans  vs.  Van  Deusen  (31  I.  614,  174 
P.  122). 

(See  X-III,  post.) 

C.    Agricultural  College  Grant. 

I.  Ninety  thousand  acres  *  *  *  granted  to  State  for 
the  use  anci  support  of  an  Agricultural  College  in  said  State 
"as  provided  in  the  acts  of  Congress  making  donations  of 
land  for  such  purposes." 

Note — "By  the  Idaho  admission  act,  Congress  grant- 
ed to  the  State  90,000  acres  of  land  as  an  endowment 
for  an  agricultural  college  or  colleges  in  accordance 
ivith  the  act  of  July  2,  1862  (12  S.  at  L.  508,  C.  ISO). 
(Emphasis  ours.) 

(Evans  vs.  Van  Deusen,  31  I.  614,  174  P.  122.) 
Reference:     Art.  IV-C-I-3,  post. 

II.  Beneficiary. 

1.  Statutes  of  Idaho : 

a.  Appropriates  accruals  of  grant  of  Sec.  10,  act  of 
3  July,  1890  (26  S.  at  L.  315)  to  support  and  mainten- 
ance of  college  or  department  of  art  at  the  University 
of  Idaho  for  the  years  1905  and  1906,  being  the  avails 
of  the  agricultural  college  fund. 

(1905  L.  419;  C.  L.  40:10.) 

b.  Continues  and  perpetuates  appropriation  made  to 
college  or  department  of  arts  of  the  agricultural  col- 
lege fund  made  by  1905  Laws  419,  supra. 

(1907  L.  27.) 

c.  Approves  and  confirms  action  of  board  of  univer- 
sity in  establishing  and  maintaining  a  college  of  agri- 
culture in  connection  with  the  University  at  Moscow, 
and  in  accordance  with  acts  of  Congress  of  2  July,  1862, 
and  30  August,  1890 ;  (12  S.  at  L.  503 ;  26  S.  at  L.  417) . 

(1909  L.  38.) 

d.  Re-creates  "Agricultural  College  Fund"  to  include 
moneys  in  existing  fund  and  proceeds  of  90,000-acre 
agricultural  grant  and  perpetually  appropriates  the 


28  IDAHO  EDUCATIONAL  INSTITUTIONS 

avails  therefrom  to  the  maintenance  of  the  agricultural 
college  in  the  University  of  Idaho. 

(1911  L.  62.) 

2.  Decisions: 

Evans  vs.  Van  Deusen,  31  I.  614,  174  P.  122. 
(See  Art.  X-III,  post.) 

D.    Scientific  School  Grant. 

I.  To  Establishment  and  Maintenance  of  Scientific 

School. 

1.  One  hundred  thousand  acres  granted  to  the  State  of 
Idaho  for  the  establishment  and  maintenance  of  a  scien- 
tific school. 

2.  In  lieu  of  grant  of  acts  named  supra  in  B-II-2a. 

(Sec.  11  Act  of  3  July,  1890;   26  S.  at  L.  215.) 

II.  Beneficiary. 

1.  Statutes: 

a.  Creates  "Scientific  School  Fund''  or  moneys  in  said 
fund  and  proceeds  of  grant  of  100,000  acres. 

(Sec.  11,  26  S.  at  L.  215.) 

b.  Appropriates  accruals  of  ''Scientific  School  Fund" 
for  the  years  1905  and  1906  to  "supporting  and  main- 
taining the  college  or  department  of  arts  at  the  Uni- 
versity of  Idaho." 

(1905  L.  418.) 

c.  Continues  and  perpetuates  appropriation  made  by 
1905  Laws  418  supra,  of  scientific  school  fund  to  sup- 
porting and  maintaining  college  or  department  of  arts 
at  the  university. 

(1907  L.  26;  C.  L.  40:9.) 
Reference:     1901  L.  158. 

2.  Decisions: 

Evans  vs.  Van  Deusen,  31  I.  614,  174  P.  122. 

E.    State  Normal  School  Grants. 

I.  For  State  Normal  Schools. 

1.  To  the  State  of  Idaho:  For  State  Normal  Schools, 
100,000  acres. 

2.  In  lieu  of  grants  of  acts  named  supra  in  B-II-2a. 

(Sec.  11  Act  of  3  July,  1890;  26  S.  at  U  215.) 

II.  BENEFICJIARIES. 

1.  Normal  School  Fund. 

a.  Creates  "Normal  School  Fund,"  crediting  to  the 
same  the  present  moneys  therein,  and  future  accruals 
from  normal  school  grant  of  Sec.  11,  22  S.  at  L.  215. 

Limits  expenditure  to  support  and  maintenance  of  the 


IDAHO  EDUCATIONAL  INSTITUTIONS  29 

Albion  State  Normal  School  and  the  Lewiston  State 
Normal  School. 

Not  more  than  one-half  of  accruals  to  said  fund  shall 
ever  be  appropriated  for  the  support  and  maintenance 
of  either  of  such  schools. 

b.  Appropriates  one-half  of  normal  school  fund  to 
support  and  maintenance  of  Lewiston  State  Normal 
School  for  1905  and  1906  and  perpetually  thereafter. 

c.  Appropriates  one-hal#  of  normal  school  fund  to 
support  and  maintenance  of  Albion  State  Normal 
School  for  1905  and  1906  and  perpetually  thereafter. 

(1905  L.  393;  C.  L.  43:2  and  43:3.) 

2.  Letviston  State  Normal  School. 

a.  One-half  of  normal  school  grant  (Sec.  11,  26  S.  at 
L.  215)  permanently  ceded  to  Lewiston  State  Normal 
School. 

Use  of  entire  avails  from  grant  appropriated  to  Lew- 
iston State  Normal  School  until  another  normal  school 
established. 

(1893  L.  6;  C.  L.  Sec.  504.) 

b.  One-half  of  normal  school  fund  appropriated  to 
Lewiston  State  Normal  School. 

a899  L.  164.) 

c.  See  Art.  II-E-II-l-b,  supra. 

(1905  L.  393.) 

3.  Albion  State  Normal  School. 

a.  Grant  of  pro  rata  share  of  proceeds  of  normal 
school  grant  (Sec.  11,  26  S.  at  L.  215)  set  aside  to  the 
Albion  State  Normal  School. 

(1893  L.  179;  C.  L.  Sec.  521.) 

b.  See  Art.  II-E-II-l-b,  supra. 

(1905  L.  393.) 

4.  Decisions: 

Evans  vs.  Van  Deusen,  31  I.  614,  174  P.  122. 

F.     Institutional  Grant. 

I.  One  hundred  fifty  thousand  acres  to  the  State  of  Idaho 
for  other  State,  charitable,  educational,  penal,  and  reforma- 
tory institutions. 

In  lieu  of  grants:  See  Art.  II-B-II-2,  supra. 
(Sec.  11  of  26  S.  at  L.  215.) 

II.  Beneficiary. 

1.  Grant  of  Land. 

a.  State  Reform  School  at  Mountainhome,  50,000 
acres. 

(1893  L.  165;  reverted,  1899  L.  391.) 

b.  Soldiers'  Home,  25,000  acres. 

(1899  L.  191.) 


IDAHO  EDUCATIONAL  INSTITUTIONS 

c.  Academy  of  Idaho,  40,000  acres. 

(1901  L.  17.) 

d.  Idaho  Industrial  Reform  School,  60,000  acres. 

(1903  L.  12.) 
(See  1903  L.  291.) 

e.  Idaho  Industrial  Reform  School,  40,000  acres. 

(1903  L.  291.) 

/.  North  Idaho  Insane  Asylum,  40,000  acres. 

(1905  L.  196.) 

2.  Grant  of  Proceeds.  * 

a.  Soldiers'  Home  fund  created  including  five- 
thirtieths  of  proceeds  of  charitable,  educational,  penal, 
and  reformatory  institutions  grant  (perpetual). 

(1905  L.  405.) 

h.  Academy  of  Idaho  fund  created,  including  four- 
fifteenths  of  proceeds  of  charitable,  e(iucational,  penal, 
and  reformatory  institutions  grant  (perpetual). 

(1905  L.  409.) 

c.  Idaho  Industrial  Reform  School  fund  created,  in- 
cluding four-fifteenths  of  proceeds  of  charitable,  edu- 
cational, penal,  and  reformatory  institutions  grant 
(perpetual). 

(1905  L.  415.) 

d.  Charitable  institutions  fund  created,  including 
nine-thirtieths  of  proceeds  of  charitable,  educational, 
penal,  and  reformatory  institutions  grant. 

Temporary  appropriation  to  education  of  deaf, 
dumb,  and  blind. 

(1905  L.  421.) 

Note — 1.  Total  apportionment  in  acreage,  145,000. 
2.  Total    perpetual    apportionment    of   pro- 
ceeds, seven-tenths. 

3.  Decisions: 

Evans  vs.  Van  Deusen,  31  I.  614,  174  P.  122. 

G.    Temporary  Deposit  of  Funds. 

I.   State  Depository  Law. 

1.  "All  moneys  temporarily  in  the  hands  of  the  State 
Treasurer  belonging  to  the  permanent  charitable,  educa- 
tional, public  school,  or  university  land  endowment  funds 
or  other  funds  under  the  control  of  the  State  Board  of 
Land  Commissioners  shall  be  deposited  by  him  subject  to 
the  provisions  of  this  act  pending  the  investment  thereof 
by  the  said  board,  who  shall  have  control  of  the  disposi- 
tion or  investment  thereof  as  is  now  or  may  hereafter  be 
provided  by  law     *     *     *     ." 

(1915  L.  385;  C.  L.  13:19.) 

Reference:     See  Const.  Art.  IX,  Sec.  10,  and  1  Con.  Conv.  Pro. 
1292  to  1296,  and  2  Con.  Conv.  Pro.  1452. 


IDAHO  EDUCATIONAL  INSTITUTIONS  31 

ARTICLE  III.  _ 

FEDERAL  AID  APPROPRIATIONS. 
A.      Agricultural  College  Grants  and  Aids. 

I.   Morrill  Act  (First). 

1.  Original  Act. 

a.  Grant  of  30,00  0  acres  to  each  State  for  each  Senator  and 
representative  in  Congress  accordiag-  to  the  apportionment  for 
the  year  1860. 

b.  Purpose:  To  the  endowment,  support,  and  mainte- 
nance of  at  least  one  college  where  the  leading  object  shall 
be,  without  excluding  other  scientific  and  classical  studie^^; 
and  including  military  tactics,  to  teach  such  branches  of 
learning  as  are  related  to  agricultural  and  the  mechanic  arts, 
in  such  manner  as  the  Legislatures  of  the  State  may  respec- 
tively prescribe  in  order  to  promote  the  liberal  and  practical 
education  of  the  industrial  classes  in  the  several  pursuits  and 
professions  in  life. 

(Act  2  July,  1862;  12  S.  503.) 

c.  Note:  The  State  of  Idaho  received  the  actual  benefit  of 
the  First  Morrill  Act  through  the  grant  of  90,000  acres  made 
in  Section  10  of  the  Admission  Bill  (26  S.  215)  "for  the  use 
and  support  of  an  agricultural  college  *  *  *  as  provided 
in  the  acts  of  Congress  making  donations  of  land  for  such 
purposes." 

Evans  vs.  Van  Deusen,  31  I.  614,   174  P.   122. 

Reference:     See  Art.  IV-C-I-3,  post;  see  Art.  X-II-1  and  2, 

2.  Amendments. 

a.  Time  extended  for  acceptance  of  Act  2  July,  1862. 
(Act  23  July.  1866;   14  S.  208.) 

b.  Provisions  of  Section  4  (Act  2  July,  1862)  changed  in 
relation  to  the  investment  of  proceeds  of  grant. 

(Act  3  March,  1883;   22  S.  484.) 

c.  Provision  made  for  detail  of  army  and  navy  officers  to 
colleges  receiving  benefits  of  Acts  2  July,  1862,  and  30  August, 
1890. 

(Act  22  Sept.,  1888,  25  S.  491,  and  Act  13  January,  1891, 
26  S.  17.) 

d.  Constitutes  land  grant  colleges  as  depositories  for  pub- 
lic documents. 

(Act  1  March,  1907;  34  S.  1014.) 

e.  Authorizes  sale  of  military  supplies  and  stores  to  col- 
leges to  which  officers  have  been  detailed  under  Acts  of  26 
Sept.,  1888,  and  13  January,  1891,  supra. 

(17   July,   1914;    38    S.   512.) 

f.  Establishes  Officers'  Reserve  Training  Corps  at  colleges 
benefited  by  Act  of  2  July,  1862,  and  Acts  supplemental 
thereof. 

(Act  3  June,  1916;   39  S.  191.) 

3.  Idaho  Decisions. 

Melgard  vs.  Eagleson,  31  L  411,  172  P.  655. 
Evans  vs.  Van  Deusen,  31  L  614,  174  P.  122. 
(See  Art.  X-II-1  and  2,  post.) 

4.  Cited. 

McNee  vs.  Donahue  (U.  S.)  35  L.  Ed.  1122. 
Mass.  Ag.  Col.  vs.  Marden  (Mass.)    30  N.  E.  555. 
Wyoming  ex  rel  vs.  Irvine   (Wyo.)   84  P.  90. 
Wyoming  ex  rel  vs.  Irvine  (U.  S.)   51  L.  Ed.  1063. 
State  vs.  Bryan  (Fla.)   39  So.  92  9. 


IDAHO  EDUCATIONAL  INSTITUTIONS 

Marks  vs.  Trustees  (Ind.)  37  Ind.  155. 

Cornell  vs.  Flske  (N.  Y.)   19  N.  E.  2  33. 

Cornell  vs.  Flske   (U.  S.)    34  L.  Ed.  427. 

State  vs.  Vicksburg-  (Miss.)    51  Miss.  361. 

People  vs.  Davenport  (N.  Y.)   30  Hun.  177. 

People  vs.  Davenport  (N.  Y.)   23  N.  E.  664. 

Brown  Univ.  vs.  Rhode  Island  College  (C.  C.)   56  F.   5  5, 

Yale  vs.  Sanger  (C.  C.)   62  F.  177. 

State  Board  vs.  Fuller  (Mich.)   147  N.  W.  529. 

State  vs.  Clausen  (Wash.)   99  P.  743. 

State  vs.  Brain  (Neb.)    120  N.  W.  916. 

In  re  Agricultural  Funds  (R.  I.)    21  Atl.  916. 

11.   Morrill  Act  (Second). 

1.  Original  Act. 

a.  Appropriates  (present)  $25,000  per  annum  out  of 
moneys  in  the  Federal  treasury  arising  from  the  sales  of  pub- 
lic lands. 

b.  Purpose:  For  the  more  complete  endowment  and  main- 
tenance of  colleges  for  the  benefit  of  agriculture  and  the  me- 
chanic arts  now  or  hereafter  established  in  accordance  with 
the  Act  of  2  July,  1862,  to  be  applied  only  to  instruction  in 
agriculture  and  the  mechanic  arts,  the  English  language  and 
the  various  branches  of  mathematical,  physical,  natural,  and 
economic  sciences  with  special  reference  to  the  applications 
to  the  industries  of  life  and  to  the  facilities  for  such  instruc- 
tion. 

(Act  30  August,  1890;   26  S.   417.) 

Note:  This  Act  interprets  the  field  of  expenditure  for 
grants  and  funds  made  and  appropriated  by  both  the  first  and 
second  Morrill  Acts. 

2.  Amenciments. 

a.  Appropriates:  When  the  receipts  of  the  sales  of  public 
lands  in  several  States  (Idaho  included)  are  insufficient  to 
meet  the  appropriations  made  for  the  agricultural  colleges  by 
the  Act  of  30  August,  18  90,  supra,  the  general  funds  of  the 
Federal  treasury  are  to  be  drawn  on  to  supply  the  deficit. 

Re-affirms  grant  of  5%  of  proceeds  of  sale  of  such  lands  to 
certain  States  for  common  school  support. 

(See  Act  3  July,  1890,  Idaho  Admission  Bill.) 

(Act  of  17  June,  1902;   32  S.  388.) 

(Proviso  to  Act  creating  reclamation  fund.) 

b.   Nelson  Amendment. 

Appropriates:  Increases  appropriation  of  Act  of  30 
July,  1890,  to  $50,000  (present)  per  annum  to  each  State. 
Purpose:  For  the  more  complete  endowment  and 
maintenance  of  agricultural  colleges  now  or  hereafter 
established  in  accordance  with  the  Act  of  2  July.  1862, 
supra,  and  Act  of  30  August,  18  90,  supra;  PROVIDED, 
that  said  colleges  may  use  a  portion  of  this  money  for 
providing  courses  for  the  special  preparation  of  instruc- 
tors for  teaching  the  elements  of  agriculture  and  me- 
chanic arts. 

(Act  4  March,  1907;   34  S.  1281.) 
(Portion  of  Agricultural  Appropriation  Bill  for  1908.) 

3.  Idaho  Decisions. 

Melgard  vs.  Eagleson,  31  I.  411,  174  P.  655. 
(See  Art.  X-II-1  and  2,  post.) 

4.  Cited. 

a.    McNee  vs.  Donahue  (U.  S.)  35  L.  Ed.  1122. 

Mass.  Ag.  Col.  vs.  Marden  (Mass.)   30  N.  E.  5  55. 


IDAHO  EDUCATIONAL  INSTITUTIONS  38 

Wyoming-  ex  rel  vs.  Irvine  (Wyo.)  8  4  P.  90. 

Wyoming-  ex  rel  vs.  Irvine  (U.  S.)    51  L.  Ed.  1063.  — 

State  vs.  Bryan  (Fla.)   3  9  So.  92  9. 

Marks  vs.  Trustees  (Ind.)   37  Ind.  155. 

Cornell  vs.  Fiske  (N.  Y.)   19  N.  E.  233. 

Cornell  vs.  Fiske  (U.  S.)  34  L.  Ed.  427. 

State  vs.  Vicksburg  (Miss.)   51  Miss.  361. 

People  vs.  Davenport  (N.  Y.)   30  Hun.  177. 

People  vs.  Davenport  (N.  Y.)    23  N.  E.  664. 

Brown  Univ.  vs.  Rhode  Island  College  (C.  C.)   56  F.  55. 

Yale  vs.  Sanger   (C.  C.)    62  F.  177. 

State  Board  vs.  Fuller  (Mich.)    147  N.  W.  529. 

State  vs.  Clausen  (Wash.)   9  9  P.  743. 

State  vs.  Brain  (Neb.)    120  N.  W.  916. 

In  re  Ag-ricultural  Funds  (R.  I.)   21  Atl.  916. 

B.    Agricultural  Colleges — Extension  Aid. 

I.    Smith-Lever  Act. 

1.  Original  Act. 

a.  Ai^propriation :  Increases  from  year  to  year  and  appor- 
tionment thereof  based  on  rural  population  as  shown  by  pre- 
ceding Federal  census  and  apportionment  thereof  in  each 
State. 

b.  Purpose:  To  aid  in  diffusing  among  the  people  of  the 
United  States  useful  and  practical  information  on  subjects 
relating  to  agriculture  and  home  economics  and  to  encourage 
the  application  of  the  same,  agricultural  extension  work  to  be 
carried  on  by  the  colleges  established  in  accordance  with  the 
Acts  of  2  July,  1862,  and  30  August,  1890,  in  cooperation  with 
the  United  States  Department  of  Agriculture,  said  co-operative 
extension  work  to  consist  of  the  giving  and  instruction  and 
practical  demonstrations  in  agriculture  and  home  economics 
to  persons  not  attending  or  a  resident  in  said  colleges  in  the 
several  communities,  and  imparting  to  such  persons  informa- 
tion on  said  subjects  to  field  demonstrations,  publications,  and 
otherwise;  and  this  work  should  be  carried  on  in  such  man- 
ner as  may  be  mutually  agreed  upon  by  the  Secretary  of  Ag- 
riculture and  the  State  Agricultural  College  or  colleges  re- 
ceiving the  benefits  of  this  Act. 

(Act  of  8  May,  1914;   38  S.  372.) 

2.  Amendment. 

a.  Provides  for  the  publication  of  reports  of  operations 
under  Acts  of  8  May,  1914  (38  S.  372)  and  2  March,  1887 
(24  S.  440). 

(Act  of  4  March.  1915;   38  S.  1110.) 

C.    Agricultural  Experimental  Stations  Aid. 

I.   Hatch  Act. 
1.  Original  Act. 

a.  Appropriates  $15,000  per  annum  to  each  State,  not  ex- 
ceeding- one-fifth  of  the  first  annual  appropriation  of  which 
may  be  expended  in  the  erection,  enlargement,  or  repair  of 
a  building  or  buildings  necessary  for  carrying  on  the  work  of 
such  station  and  thereafter  an  amount  not  exceeding  5%  of 
such  annual  appropriation  may  be  so  expended. 

b.  Purpose:  To  establish  at  the  colleges  benefited  by  the 
Act  of  2  July,  1862,  a  department  to  be  known  and  designated 
as  an  Agricultural  Experiment  Station  to  aid  in  acquiring-  and 
diffusing  among  the  people  useful  and  practical  information 
on  subjects  connected  with  agriculture  and  to  promote  scien- 


IDAHO  EDUCATIONAL  INSTITUTIONS 

tific  information,  investigation,  and  experiment  respecting-  the 
purpose  and  applications  of  agricultural  science. 

"That  it  shall  be  the  object  and  duty  of  said  experiment 
stations  to  conduct  original  researches  or  verify  experiments 
on  the  physiology  of  plants  and  animals;  the  diseases  to  which 
they  are  severally  subject,  with  the  remedies  of  the  same;  the 
chemical  composition  of  useful  plants  at  their  different  stages 
of  growth;  the  comparative  advantages  of  rotative  cropping 
as  pursued  under  the  varying  series  of  crops;  the  capacity  of 
new  plants  or  trees  for  acclimation;  the  analysis  of  soils  and 
water;  the  chemical  composition  of  manures,  natural  or  arti- 
ficial, with  experiments  designed  to  test  the  comparative  ef- 
fects on  crops  of  different  kinds;  the  adaptation  and  value  of 
grasses  and  forage  plants;  the  composition  and  digestibility 
of  the  different  kinds  of  food  for  domestic  animals;  the  scien- 
tific and  economic  questions  involved  in  the  production  of 
butter  and  cheese;  and  such  other  researches  or  experiments 
bearing  directly  on  the  agricultural  industry  of  the  United 
States  as  may  in  each  case  be  deemed  advisable,  having  due 
regard  to  the  varying  conditions  and  needs  of  the  respective 
States  or  Territories." 

(Act  of  2  March,  1887;   24  S.  440.) 

2.  Amendments. 

a.  Provides  for  assent  by  Government  in  lieu  of  Legislature. 

(Act  of  7  June,  1888;  25  S.  176.) 

b.  Department  of  Agriculture  designated  as  "Executive  De- 
partment." 

(Act  of  9  July,  1889;  25  S.  .) 

c.  Examination  of  soils  added  to  the  scope  of  operation 
under  the  terms  of  Hatch  Act. 

(Act  of  2  March,  1889;   25  S.  840.) 

d.  Secretary  of  Agriculture  made  Commissioner  of  Agri- 
culture. 

(Act  of  14  July,  1890;  26  S.  288.) 

e.  Payments  under  Hatch  Act  to  be  made  quarterly. 

Report   to    be    made   by   Secretary   of   Agriculture    to 
Congress  of  expenditures  under  Hatch  Act. 
(Act  of  2  March,  1901;  31  S.  935.) 

f.   Adams  Act. 

Appropriates    (present)    $30,000    per  annum   to   each 
State. 

Purpose:     To  be  applied  only  to  paying  the  necessary 
expense  of  conducting  necessary  researches   or   experi- 
ments bearing  directly  on  the  agricultural   industry  of 
the  United  States,  having  due  regard  to  the  varying  con- 
ditions and  needs  of  the  respective  States  or  Territories 
and  for  the  more  complete  endowment  and  maintenance 
of    agricultural    experiment    stations    now    or    hereafter 
established  in  accordance  with  the  Act  of  March  2,  1887. 
(Act  of  16  March,  1906;  34  S.  63.) 
g.     Construes  Act  of  16  March,  1906  (34  S.  63)  and  connects 
said  Act  with  Act  of  2  March,  1887  (24  S.  440). 
(Act  of  30  June,  1906;  34  S.  696.) 
h.     Provides  for  publication  of  reports  of  operations  under 
Hatch  and  Smith-Lever  Acts. 

(Act  of  4  March,  1915;   38  S.  1110.) 
i.     Forms  of  reports  to  be  prescribed  by  Secretary  of  Agri- 
culture. 

(Act  of  11  August,  1916;  39  S.  440.) 

D.    Vocational  Training. 

I.   Smith-Hughes  Act. 
1.  Original  Act. 

a.  Purpose:  To  cooperate  with  the  States  in  paying  the 
salaries  of  teachers,  supervisors,  and  directors  of  ag^i-icultural 


IDAHO  EDUCATIONAL  INSTITUTIONS  35 

subjects  and  teachers  of  trade,  home  economics,  and  indus- 
trial subjects  and  in  the  preparation  of  teachers  of  agriculture, 
trade,  industrial,  and  home  economics  subjects  and  to  support 
the  Federal  Board  for  Vocational  Education;  Provided,  That 
not  more  than  2  5%  of  the  moneys  appropriated  under  this  Act 
for  the  payment  of  salaries  of  teachers  of  trade,  home  eco- 
nomics, and  industrial  subjects  for  any  year  shall  be  expended 
for  the  salaries  of  teachers  in  home  economics  subjects. 

b.  Appropriation  increases  from  year  to  year. 

c.  Cooperation  of  State  with  Federal  Government  is  neces- 
sary. 

(Act   of  23   Feb.,   1917;    39  S.    929.) 

E.    Vocational  Rehabilitation. 

I.   National. 
1.  Original  Act. 

a.  Purpose:  To  educate  and  train  disabled  men  discharged 
from  military  and  naval  forces  in  a  course  of  vocational  re- 
habilitation. 

b.  Appropriation  made  therefor  in  addition  to  Smith- 
Hughes  Act. 

c.  Board  created  by  Smith-Hughes  Act  charged  with  car- 
rying out  provisions  of  this  Act. 

(Act  of  27  June,  1918;  40  St.) 

F.     Idaho  Statutes  in  Relation  to  Federal  Aid  Grants. 

Note:  For  full  texts  and  notes  to  Idaho  Statutes  in  relation 
(1),  (2),  (3),  (4),  (5)   herein,  see  Article  IV-C,  post. 

(1)  First  Morrill  Act  (7-2-62;  12  S.  L.  503). 

(1891  L.  16;  2-23-91;  C.  L.  40:1.) 
(1899  L.  9;  2-2-99;  C.  L.  40:1.) 
(1909  L.  38;  3-6-09;  C.  L.  496a.) 
(1915  L.  397;  3-2-15;  C.  L.  40:4.) 

(2)  Second  Morrill  Act  (8-30-90;  26  S.  L.  417). 

(1891  L.  16;  C.  L.  40:1.) 
(1899  L.  9;  C.  L.  40:1.) 
(1909  L.  38;  3-6-09;  C.  L.  496a.) 
(1915  L.  397;  3-2-15;  C.  L.  40:4.) 

(3)  Hatch  Act  (3-2-87;  24  S.  L.  440). 

(1891  L.  16;  2-23-91;  C.  L.  40:2.) 
(1899  L.  9;  2-2-99;  C.  L.  40:2.) 
(1909  L.  340;  3-13-09.) 

(4)  Adams  Act   (3-16-06;   34  S.  L.  63.) 

(1907  L.  22;  2-15-07;  C.  L.  40:3.) 

(5)  Smith-Lever  Act  (5-8-14;  38  S.  L.  372.) 

(1915  L.  397;   3-2-15;  Resolution;  C.  L.   40:5.) 
(1917  L.  483;   3-4-17;  C.  L.  40:5.) 

(6)  a.   Smith-Hughes  Act   (2:23-17;   39  S.  L.   929). 

(1919  Session;  H.  B.  26.) 
(6)    b.  Text  of  Assent  to  Smith-Hughes  Act. 

That  the  State  of  Idaho  hereby  accepts  the  benefits  and 
provisions  of  an  Act  of  Congress  approved  February  23,  1917, 
entitled  "An  Act  to  provide  for  the  promotion  of  vocational 
education,  to  provide  for  the  cooperation  with  the  States  and 
the  promotion  of  such  education  in  agriculture  and  the  trades 
and  industries;  to  provide  for  the  cooperation  with  the  States 
in  the  preparation  of  teachers  of  vocational  subjects;  and  to 
appropriate  money  and  regulate  its  expenditure,"  commonly 
known  as  the  Smith-Hughes  Act. 

The  State  Board  of  Education  is  hereby  designated  as  the 
State  Board  for  Vocational  Education  for  the  purpose  of  car- 
rying into  effect  the  provisions  of  the  Federal  Act,  known  as 
the  Smith-Hughes  Act,  and  is  hereby  authorized  to  cooperate 
with  the  Federal  Board  for  Vocational  Education  in  the  ad- 


36  ■:,  IDAHO  EDUCATIONAL  INSTITUTIONS 

ministration  and  enforcement  of  the  provisions  of  said  Act, 
and  to  exercise  such  powers  and  perform  such  acts  as  are 
necessary  to  entitle  the  State  to  receive  the  benefits  of  the 
said  Act,  and  to  execute  the  laws  of  the  State  of  Idaho  rela- 
tive to  vocational  education;  to  administer  the  funds  provided 
by  the  Federal  Government  and  the  State  of  Idaho  under  the 
provisions  of  this  Act  for  the  promotion  of  education  in  agri- 
cultural subjects,  trade  and  industrial  subjects,  and  home  eco- 
nomics subjects.  It  shall  have  full  power  to  formulate  plans 
for  the  promotion  of  vocational  education  in  such  subjects 
as  are  an  essential  and  integral  part  of  the  public  school 
system  of  the  State  of  Idaho,  and  to  provide  for  the  prepara- 
tion of  teachers  of  such  subjects.  It  shall  have  full  power  to 
fix  the  compensation  of  such  officials  and  assistants  as  may 
be  necessary  to  administer  the  Federal  Act  herein  referred  to, 
and  to  pay  such  compensation  and  other  necessary  expenses 
of  administration  from  funds  appropriated  in  this  Act  and 
from  money  received  under  the  provisions  of  the  Federal  Act. 
It  shall  have  authority  to  make  studies  and  investigations 
relating  to  vocational  education  in  such  subjects,  to  promote 
and  aid  in  the  establishment  by  local  communities  of  schools, 
departments  or  classes,  giving  training  in  such  subjects;  to 
cooperate  with  the  local  communities  in  the  maintenance  of 
such  schools,  departments  or  classes;  to  prescribe  qualifica- 
tions for  teachers,  directors  and  supervisors  for  such  subjects, 
and  to  have  full  authority  to  provide  for  the  certification  of 
such  teachers,  directors  and  supervisors  subject  to  the  laws 
and  rules  governing  the  State  Board  of  Education;  to  co- 
operate in  the  maintenance  of  classes  supported  and  con- 
trolled by  the  public  for  the  preparation  of  teachers,  directors 
and  supervisors  of  such  subjects,  or  to  maintain  such  classes 
under  its  own  direction  and  control;  to  establish  and  deter- 
mine by  general  regulation  the  qualifications  to  be  possessed 
by  persons  engaged  in  the  training  of  vocational  teachers.  The 
State  Board  of  Education,  when  acting  as  the  State  Board  for 
Vocational  Education,  shall  hold  two  regular  meetings  an- 
nually at  such  time  and  place  as  may  be  directed  by  said 
board,  but  special  meetings  may  be  called  at  any  time  and  at 
a  place  designated  in  said  call  by  the  president. 

The  Commissioner  of  Education  shall  serve  as  executive 
officer  of  the  State  Board  for  Vocational  Education  and  shall 
designate,  by  and  with  the  advice  and  consent  of  the  State 
Board  for  Vocational  Education,  such  officers  and  assistants 
as  may  be  necessary  to  properly  carry  out  the  provisions  of 
the  Federal  Act  and  this  Act  for  the  State  of  Idaho. 

The  Commissioner  of  Education  shall  also  carry  into  effect 
such  rules  and  regulations  as  the  State  Board  for  Vocational 
Education  may  adopt  and  shall  prepare  such  reports  concern- 
ing the  condition  of  vocational  education  in  the  State  as  the 
State  Board  for  Vocational  Education  may  require. 

The  State  Treasurer  is  hereby  designated  and  appointed  cus- 
todian of  all  moneys  received  by  the  State  from  the  appropria- 
tion made  by  said  Act  of  Congress,  and  he  is  authorized  to 
receive  and  to  provide  for  the  proper  custody  of  the  same  and 
to  make  disbursement  thereof  in  the  manner  provided  in  the 
said  Act,  and  for  the  purposes  therein  specified.  He  shall 
also  pay  out  any  moneys  appropriated  by  the  State  of  Idaho 
for  the  promotion  of  vocational  education  in  accordance  with 
the  provisions  of  this  Act  and  upon  the  order  of  the  State 
Board  for  Vocational  Education. 

There  is  hereby  appropriated  for  each  biennial  period  from 
moneys  in  the  general  fund  of  the  State  Treasury  not  other- 
wise appropriated  as  an  offset  to  the  Federal  appropriation, 
a  sum  not  less  than  the  sum  to  which  the  State  of  Idaho  is 
entitled  from  the  benefits  of  the  said  Federal  Act,  for  the 
biennial  periods  covered  by  this  appropriation. 

There  is  hereby  appropriated  from  any  moneys  in  the  gen- 
eral fund  of  the  State  Treasury  not  otherwise  appropriated, 
for  the  biennial  period  beginning  January  1,   1919,   the  sum 


IDAHO  EDUCATIONAL  INSTITUTIONS  37 

of  thirty-eig-ht  thousand  four  hundred  nineteen  dollars  and 
seventy-seven  cents  ($ 38,419.77 >  to  be  expended  by  the  State 
Board  for  Vocational  Education  for  the  promotion  of  voca- 
tional education  as  provided  for  in  the  Federal  Act  and  in  this 
Act  for  the  State  of  Idaho. 

The  State  Board  for  Vocational  Education  shall  make  to  the 
Governor  annually  and  to  the  Governor  and  -Legislature  bi- 
ennially a  report  of  all  moneys  expended  for  vocational  edu- 
cation both  from  State  and  Federal  funds,  and  shall  include 
such  biennial  report  in  the  biennial  report  of  the  State  Board 
•,  of  Education. 

(1919  Laws,  160,  ch.  53.) 

ARTICLE  IV. 

UNIVERSITY  OF  IDAHO. 
A.    Creation  and  Establishment. 

I.  Created  and  Located. 

1.  Code.  There  is  hereby  established  in  this  State,  at 
the  town  of  Moscow,  in  the  county  of  Latah,  an  institu- 
tion of  learning,  by  the  name  and  style  of  the  University 
of  Idaho. 

(C.  I^.  Sec.  485.) 

2.  Original.      1889  Laws  21  same  except  "territory"  for  "state." 

3.  Constitutional  Convention.  Confirms  the  act  of  the  territorial 
legislature  in  locating  and  establishing  the  university  at  Moscow. 

(1  C.  C.  P.  766-772;   849.) 
(2   C.   C.   P.    1450.) 

4.  Constitution.  "The  location  of  the  University  of  Idaho,  as 
established  by  existing  laws,  is  hereby  confirmed.  All  the  rights, 
immunities,  franchises,  and  endowments  heretofore  granted  thereto 
by  the  Territory  of  Idaho  are  hereby  perpetuated  unto  the  said 
university." 

(Const.  Art.  IX,  Sec.   10.) 

5.  Admission  Bill.  "To  the  State  of  Idaho:  *  *  *  foj.  t^g 
support  and  maintenance  of  the  State  University,  located  at  Mos- 
cow, 50,000  acres." 

(Sec.  11,  26  St.  215.) 

II.  Regents — Control. 

1.  Code.  The  general  supervision,  government  and 
control  of  the  University  of  Idaho  is  vested  in  a  State 
Board  of  Education,  which  also  constitutes  the  Board  of 
Regents  of  the  university  and  is  known  as  the  State  Board 
of  Education  and  Board  of  Regents  of  the  University  of 
Idaho. 

(C.  L.  Sec.  486.) 
Note:      Based  on  C.  L.  38:1  and  38:3  substituting  the  State  Board 
of  Education  and  Board  of  Regents  of  the  University  of  Idaho  for 
former  Board  of  Regents. 

2.  Oriftinal.  The  government  of  the  University  shall  vest  in  a 
Board  of  Regents,  to  consist  of  nine  members,  chosen  from  the 
Territory  at  large,  which  board  the  Governor  shall  nominate,  and 
by  and  with  the  advice  and  consent  of  the  Legislative  Council  ap- 
point. The  term  of  office  of  the  said  Regents  shall  be  two  years 
from  the  first  Monday  in  February  in  the  year  in  which  appointed. 

1889  L.   21,  Sec.  2.) 
3.  Amendment. 

a.      The  government  of  the  University  shall  vest  in  a  Board  of 
of  Regents  to  consist  of  nine  members  chosen  from  the  State  at 


38  IDAHO  EDUCATIONAL  INSTITUTIONS 

large,  which  Board  the  Governor  shall  nominate  and  with  advice 
and  consent  of  the  Senate,  appoint.  The  term  of  office  of  said 
regents  shall  be  six  years  from  the  first  Monday  in  February  in 
the  year  in  which  appointed.  PROVIDED,  That  the  Regents  ap- 
pointed in  the  year  1899  shall  hold  their  offices  during  the  follow- 
ing period:  Three  shall  be  appointed  for  a  term  of  two  years, 
three  shall  be  appointed  for  a  term  of  four  years,  and  three  shall 
be  appointed  for  a  term  of  six  years.  The  Governor  shall  have 
power  to  fill  vacancies  in  the  Board  by  appointment,  which  ap- 
pointment shall  be  valid  until  the  last  day  of  the  regular  session 
of  the  Legislature  following  such  appointment. 
(1899    L.    392.) 

b.  The  government  of  the  university  shall  vest  in  a  Board  of 
Regents,  to  consist  of  five  members  chosen  from  the  State  at 
large,  which  board  the  Governor  shall  nominate,  and,  with  the 
advice  and  consent  of  the  Senate,  appoint. 

The  said  board  shall  be  non-partisan,  no  more  than  three  of 
whom  shall  be  of  the  same  political  party. 

The  terms  of  office  of  said  Regents  shall  be  six  years  from  the 
first  Monday  in  February  in  the  year  in  which  appointed:  PRO- 
VIDED, That  the  Regents  appointed  in  the  year  1901  shall  hold 
their  office  during  the  following  periods:  One  shall  be  appointed 
for  a  term  of  two  years,  two  shall  be  appointed  for  a  term  of  four 
years,  and  two  shall  be  appointed  for  a  term  of  six  years. 

The  Governor  shall  have  power  to  fill  vacancies  in  the  board  by 
appointment,  which  appointment  shall  be  valid  until  the  last  day 
of  the  regular  session  of  the  Legislature  following  such  appoint- 
ment. 

(1901  L.  15.) 

4.  Constitution.  "The  Regents  shall  have  the  general  supervision 
of  the  University     *     *     *." 

(Const.   Art.    IX,    Sec.    10.) 

5.  Decision.  The  State  Board  of  Education  and  Board  of  Regents 
of  the  University  of  Idaho  created  by  1913  Laws  32  8  (C.  L.  38:1)  is 
the  legal  successor  to  the  Board  of  Regents  of  the  University  of 
Idaho  and  may  defend  a  suit  instituted  against  the  former  Board  of 
Regents. 

(First  N.  B.  vs.  Regents,  26  L  15;  140  P.  771.) 

III.  Same — Body  Corporate — General  Powers. 

1.  Code.  The  members  of  the  State  Board  of  Educa- 
tion in  the  performance  of  their  functions  as  the  Board 
of  Regents  of  the  university  and  their  successors  in  office, 
shall  constitute  a  body  corporate,  by  the  name  of  the  Re- 
gents of  the  University  of  Idaho,  and  shall  possess  all  the 
powers  necessary  or  convenient  to  accomplish  the  objects 
and  perform  the  duties  prescribed  by  law,  and  shall  have 
the  custody  of  the  books,  records,  buildings  and  other 
property  of  said  university. 

(C.  L.  254,  Sec.  488.) 
Note:      On  authority  of  C.  L.  38:1  and  38:3  and  of  First  National 
Bank  vs.  Regents,  26  I.  15;  140  P.  771,  the  State  Board  of  Education 
Is  substituted  in  the  code  provisions  for  the  Board  of  Regents  named 
in  the  original  act. 

2.  Original.  The  Board  of  Regents  and  their  successors  In  office 
shall  constitute  a  body  corporate,  by  tne  name  of  "The  Regents  of 
the  University  of  Idaho,"  and  shall  possess  all  the  powers  necessary 
or  convenient  to  accomplish  the  objects  and  perform  the  duties  pre- 
scribed by  law,  and  shall  have  the  custody  of  the  books,  records, 
buildings  and  other  property  of  said  University. 

(1889  L.  21,  Sec.  3.) 

3.  Decisions. 

a.  State  Board   of  Education:      The   provisions   of  1913   L.   328 


IDAHO  EDUCATIONAL  INSTITUTIONS  39 

(C.  L.  38:1  et  seq.)  make  the  State  Board  of  Education  the  succes- 
sor to  the  former  Board  of  Regents. 
(First  N.  B.  vs.  Regents,  supra.) 

b.  Body  Corporate. 

(1)  The  Board  of  Regents  of  the  University,  under  the  pro- 
visions of  Sec.  3  of  1889  L.  21  C.  L.  Sec.  488,  and  Sec.  10  of  Art. 
IX  of  the  Constitution,  is  a  body  corporate  and  may  sue  and  be 
sued. 

(Moscow  Hardware  Co,  vs.  Regents,  19  I.  420;  113  P.  731.) 

(Phoenix  Lumber  Co.  vs.  Regents,  197  Fed.   425.) 

(Affirmed:  Interstate  Construction  Co.  vs.  Regents,  199  Fed. 
509.) 

2.  The  university  being  a  public  institution  and  its  Board  of 
Regents  being  vested  with  corporate  existence  and  plenary  pow- 
ers among  which  are  those  to  contract  gftid  to  incur  liability,  the 
legislative  intent  is  clearly  inferrable  that  as  respects  claims 
against  the  Board  of  Regents  of  the  University  of  Idaho,  the  im- 
munity of  the  State  from  suit  should  be  waived  and  that  the 
Board  of  Regents  may  sue  and  be  sued. 

(Phoenix  Lumber  Co.  vs.  Regents,   197  F.  425.) 

(Cites:  American  Bonding  Co.  vs.  Regents,  11  I.  163;  81  P. 
604.) 

(Cites:      Sec.  10,  Art.  IX  Constitution.) 

(Cites:      1889  L.  21;  C.  L.  488.) 

(Affirmed:  Interstate  Construction  Co.  vs.  Regents,  199  Fed. 
509.) 

c.  Jurisdiction  of  Suits  Against. 

(1)  When  the  Board  of  Regents  enter  into  a  contract,  said 
Board  is  liable  to  the  process  of  the  district  court  for  the  en- 
forcement thereof. 

(Moscow  Hardware  Co.  vs.  Regents,  19  I.  420;  113  P.  731.) 

(First  N.  B.  vs.  Regents,  19  L  440;  113  P.  735.) 

(First  N.  B.  vs.  Regents,  26  I.  18;  140  P.  771.) 

(Affirmed:      Phoenix  Lumber  Co.  vs.  Regents,  197  Fed.  425.) 

(Interstate  Construction  Co.  vs.  Regents,  199  Fed.  509.) 

(2)  The  Board  of  Regents  of  the  University  of  Idaho  may  sue 
and  be  sued  and  in  the  district  courts;  the  supreme  court  not 
having  original  or  exclusive  jurisdiction   of  such  suits. 

(Interstate  Construction  Co.  vs.  Regents,  199  Fed.  509.) 
(Follows:      Phoenix  Lumber  Co.  vs.   Regents,   197  Fed.   425.) 
(Follows:      Moscow  Hardware  Co.  vs.  Regents,  19  I.  420;   113 

P.  731.) 

(Cites:     American  Bonding  Co.  vs.  Regents,  11  I.  163;   81  P. 

604.) 

(Cites:      Thomas  vs.  State,  16  I.   81;   100  P.  761.) 

(3)  The  Board  of  Regents  is  a  body  corporate,  and  may  sue 
and  be  sued  and  when  it  enters  into  a  contract  it  is  liable  to  the 
process  of  the  district  court  as  are  other  corporations  organized 
under  the  laws  of  the  State.  The  term  "district  court"  includes 
the  State  and  Federal  district  courts. 

(Interstate  Construction  Co.  vs.  Regents,  199  F.  509.) 

(4)  The  district  court  has  jurisdiction  to  try  cases  brought 
against  the  Board  of  Regents  of  the  University  of  Idaho. 

(First  N.  B.  vs.  Regents,  26  I.  18;  140  P.  771.) 
(Reaffirms:      Moscow   Hardware   Co.   vs.    Regents,    19    I.    420, 
supra.) 

(Affirms:      First  N.  B.  vs.  Regents,  19  I.  440,  supra.) 

d.  Judgments  Against. 

(1)  Any  judgment  obtained  against  the  Board  of  Regents  in 
the  district  courts  is  enforceable  against  any  funds  in  the  hands 
of  the  Board  or  its  treasurer  that  are  available  for  the  payment 
of  such  a  claim  or  from  any  fund  which  said  board  has  subject 
to  appropriation  and  expenditure  for  that  purpose, 

(Moscow  Hardware  Co.  vs.  Regents,  19  I.  420;   113  P.  731.) 

(2)  Any  judgment  obtained  in  the  district  court  against  the 
Board  of  Regents  for  the  payment  of  which  the  Board  has  no 
funds  available,  must  be  brought  to  the  supreme  court  to  be  con- 
verted into  a  recomendatory  judgment  for  the  Legislature. 


40.  IDAHO  EDUCATIONAL  INSTITUTIONS 

(Moscow  Hardware  Co.  vs.  Regents,  19  I.  420;  113  P.  731.) 
(First  N.  B.  vs.  Regents,  19  I.  440;  113  P.  735.) 

IV.  Same — Officers — Duties. 

1.  Code.  The  board  shall  elect  a  president,  secretary 
and  treasurer,  who  shall  perform  such  duties  as  shall  be 
prescribed  by  the  by-laws  of  the  board.  The  secretary 
shall  keep  a  faithful  record  of  all  the  transactions  of  the 
board  and  of  the  executive  committee  thereof.  The  treas- 
urer shall  perform  all  the  duties  of  such  office,  subject 
to  such  regulations  as  the  board  may  adopt,  and  for  the 
faithful  dischargOiOf  all  his  duties  shall  execute  a  bond 
in  such  sum  as  the  board  may  direct. 

(C.  L.  254,  Sec.  488.) 

2.  Original.     1889  Laws  21,  Sec.  2,  identical. 

3.  Decisions:  Treasurer — Custody  of  Federal  Funds.  The  treas- 
urer of  the  Board  of  Regents  of  the  University  of  Idaho  and  not  the 
State  Treasurer  or  State  Auditor,  has  control  of  the  custody  of  the 
funds  granted  by  the  First  and  Second  Morrill  Acts  and  the  Nelson 
amendment  thereto. 

(Melgard  vs.  Eagleson,  31  I.  411;   172  P.  655.) 

V.  Same — By-Laws — Regulations. 

1.  Code.  The  time,  of  the  election  of  the  president, 
secretary  and  treasurer  of  said  board,  and  the  duration  of 
their  respective  terms  of  office  and  the  time  for  holding 
such  meetings  as  may  be  required,  and  the  manner  of 
notifying  the  same,  shall  be  determined  by  the  by-laws 
of  the  board.  A  majority  of  the  board  shall  constitute  a 
quorum  for  the  transaction  of  business,  but  a  less  number 
may  adjourn  from  time  to  time. 

(C.  L.  255,  Sec.  489.) 

2.  Original.     1889  Laws  21,  Sec.  4,  same. 

3.  Note: 

a.  Meeting:     Cf.  C.  L.  38:5  relating  to  regular  and  special  meet- 
ings of  said  board. 

Cf.    1911  Laws  489,  Sec.   17. 

Cf.   Art.  I-B,  section  5  and  7,  supra. 

b.  Regulations: 

Cf.  C.  L.  38:9  and  1911  L.  489,  Sec.  15. 
See  Art.  I-B,  sections  11  and  28. 

4.  Reference:     Cf.  Article  I-C  of  this  compilation. 
Reference:     Cf.  Article  IV-XX  of  this  compilation. 

VI.  Same — Govern  University — Elect  President,  Etc. 

1.  Code.  The  Board  of  Regents  shall  enact  laws  for 
the  government  of  the  university  in  all  its  branches,  elect 
a  president  and  requisite  number  of  professors,  instruc- 
tors, officers,  and  employees  and  fix  the  salaries  and  term 
of  office  of  each. 

(C.   L.   490.) 
2.  Original.     1889  Laws  21,  Sec.  5,  same. 

VII.  Same  —  Admission  of  Students  —  Non-Sectarian 
AND  Non-Partisan  Institution. 

1.  Code.  The  Board  of  Regents  shall  determine  the 
moral  and  educational  qualifications  of  applicants  for 


IDAHO  EDUCATIONAL  INSTITUTIONS  41 

admission  to  the  various  courses  of  instruction;  but  no 
instruction  either  sectarian  in  religion  or  partisan  in 
politics  shall  ever  be  allowed  in  any  department  of  the 
University,  and  no  sectarian  or  partisan  text  shall  ever 
be  allowed  or  exercised  in  the  appointment  of  regents  or 
in  the  election  of  professors,  teachers,  or  other  officers  of 
the  university  or  in  the  admission  of  students  thereto  or 
for  any  purpose  whatever. 

(490  C.  L.) 

2.  Original.      1889  Laws  21,  Sec.  5,  same. 

3.  Reference:     Art.  IX,  Sec.  6,  of  the  Constitution  of  Idaho. 

VIII.  Same — President  and  Instructors,  etc. — Removal. 

1.  Code.  The  Board  of  Regents  shall  have  power  to 
remove  the  president  or  any  professors,  instructors,  or 
officers  of  the  university  when  in  their  judgment  the  in- 
terests of  the  university  require  it. 

(C.  L.  490.) 

2.  Original.      188  9  Laws  21,  Sec.  5,  same. 

3.  Decision.  The  power  of  the  Board  of  Reg-ents  to  remove  and 
discharge  the  president,  any  professor,  instructor  or  other  officer  of 
the  university  when  in  the  judgment  of  the  board  the  interests  of 
the  university  require  it,  is  absolute  and  plenary  under  Sec.  490  R. 
C.  (C.  L.  490);  and  said  section  is  a  part  of  all  contracts  with  such 
employees  of  the  university. 

(Hyslop  vs.  Board  of  Regents,  23  I.  341;   129  P.   1073.) 
(Shinn  vs.  Board  of  Regents,  23  L  344;   129  P.  1074.) 

IX.  Same  —  Libraries,   Laboratories,   Property  —  Con- 
trol OF. 

1.  Code.  The  board  may  prescribe  rules  and  regula- 
tions for  the  management  of  the  libraries,  cabinet,  mu- 
seum, laboratories  and  all  other  property  of  the  univer- 
sity and  of  its  several  departments,  and  for  the  care  and 
preservation  thereof,  with  penalties  and  forfeitures,  by 
way  of  damages  for  their  violation,  which  may  be  sued 
for  and  collected  in  the  name  of  the  board  before  any 
court  having  jurisdiction  of  such  action. 

(C.  L.  Sec.   490.) 

2.  Original.      1889  Laws  21,  Sec.  5,  same. 

3.  Reference:  Code.  The  members  of  the  State  Board  of  Educa- 
tion *  *  *  shall  have  the  custody  of  the  books,  records,  build- 
ings and  other  property  of  said  university. 

(C.  L.  488;  Art.  IV-A-III,  supra.) 

X.  Same — Buildings — Equipment — Erection  and 
Purchase. 

1.  Code.  The  Board  of  Regents  are  authorized  to  ex- 
pend such  portion  of  the  income  of  the  university  fund  as 
they  may  deem  expedient  for  the  erection  of  suitable 
buildings  and  the  purchase  of  apparatus,  a  library,  cabi- 
nets and  additions  thereto. 

(C.  L.  255,  Sec.  491.) 


42  IDAHO  EDUCATIONAL  INSTITUTIONS 

2.  Original.      1889  Laws  21,  Sec.  6,  same,  except  "University  fund 
hereinafter  created. 

3.  Note: 

a.  "University  fund"  refers  to  "University  Building  fund"  created 
by  section  18  of  1889  Laws  21,  through  levy  of  territorial  tax. 

(1889  Laws   21,   Sec.   18.) 
(Amended:      1891  Laws  42.) 

b.  Hist.  R.  C.  491,  to  which  Code  Comr,  MacLane  attached  fol- 
lowing note: 

"Act  15th  Ter.  Sec.  (Laws  '88-89)  21,  Sec.  6.  Omitting  'herein- 
after created'  after  'University  fund.'  The  act  created  no  perma- 
nent fund,  but  merely  appropriated  $15,000  for  the  purchase  and 
improvement  of  site.  Section  11  of  the  Idaho  admission  bill 
granted  5  0,000  acres  of  land  to  the  State  for  university  purposes, 
and  this  grant  is  regulated  by  Const.  IX,  10-11.  Special  appropria- 
tions and  bond  issues  have  been  made  and  provided  for  from  time 
to  time  for  the  support  and  improvement  of  the  university,  and 
the  'university  fund'  is  created  by  laws  190  5,  417,  which  is  not 
included  in  these  codes,  but  Is  preserved  by  the  table  of  special 
laws.  Sec.  17." 

(Note  to  C.  L.  Sec.  491.) 

4.  Decisions. 

a.  Limitation  on  Contracts. 

(1)  The  Board  of  Regents  has  no  authority  whatever  to  in- 
cur any  indebtedness  against  the  State,  directly  or  indirectly,  in 
the  erection  of  university  buildings  for  which  said  board  has  no 
funds  available  to  pay. 

(Moscow  Hardware  Co.  vs.  Regents,  19  I.  420;  113  P.  731.) 
(Cited:   Interstate  Construction  Co.  vs.  Regents,  199  Fed.  509.) 

(2)  The  Board  of  Regents  under  Sec.  491  R.  C.  (C.  L.  491) 
Is  authorized  to  expend  such  portion  of  the  income  of  the  uni- 
versity fund  as  it  may  deem  expedient  for  the  erection  of  suit- 
able buildings,  etc.,  but  is  not  authorized  to  expend  for  such 
purpose  any  portion  thereof  that  has  been  raised  or  appro- 
priated for  other  purposes. 

(Syllabus  No.  2  by  the  Court.) 

(Moscow  Hardware  Co.  v.  Regents,  19  I.  420;   113  P.  731.) 

b.  Liability  on  Contracts.     ' 

(1)  The  university  being  a  public  institution  and  its  Board  of 
Regents  being  vested  with  corporate  existence  and  plenary  pow- 
ers among  which  are  those  to  contract  and  to  incur  liability, 
the  legislative  intent  is  clearly  Inferrable  that  as  respects  claims 
against  the  Board  of  Regents  of  the  University  of  Idaho,  the 
immunity  of  the  State  from  suit  should  be  waived  and  that  the 
Board  of  Regents  may  sue  and  be  sued. 

(Phoenix  Lumber  Co.  vs.  Regents,  197  P.  425.) 

(Cites:  American  Bonding  Co.  vs.  Regents,  11  I.  163;  83  P. 
604.) 

(Cites:      Sec.  10,  Art.  IX,  Constitution.) 

(Cites:      1889  L.  21;  C.  L.  491.) 

(Affirmed:  Interstate  Construction  Co.  vs.  Regents,  199  Fed. 
509.) 

(2)  When  the  Board  of  Regents  enter  into  a  contract,  said 
Board  is  liable  to  the  process  of  the  district  court  for  the  en- 
forcement thereof. 

(Mobcow  Hardware  Co.  vs.  Regents,  19  L  420;  113  P.  731.) 

(First  N.  B.  vs.  Regents,  19  L  440;   113  P.  735.) 

(First  N.  B.  vs.  Regents,  26  I.  18;  140  P.  771.) 

(Affirmed:      Phoenix  Lumber  Co.  vs.  Regents,   197  Fed.   425.) 

(Interstate  Construction  Co.  vs.  Regents,  199  Fed.  509.) 

5.  Reference:     C.  L.  38:20;  Art,  I-B,  Sec.  31,  supra. 

XI.  Same — Report — Annual. 

1.  Original.  At  the  close  of  each  fiscal  year,  the  re- 
gents, through  their  president,  shall  make  a  report  in  de- 
tail to  the  Governor,  exhibiting  the  progress,  conditions 


IDAHO  EDUCATIONAL  INSTITUTIONS  43 

and  wants  of  the  university,  the  course  of  study,  the 
number  of  professors  and  students,  the  amount  of  re- 
ceipts and  disbursements,  together  with  the  nature,  costs 
and  results  of  all  important  investigations  and  experi- 
ments, and  such  other  information  as  they  may  deem 
important. 

(1889  L.  21,  Sec.  7.) 
2.  Reference. 

a.  Budget.      C.  L.   38:12   and   38:18;    Art.   I-B,  Sees.   17   and   27, 
supra. 

b.  Recommendations.     C.  L.  38:17;  Art.  I-B,  Sec.  25,  supra. 

c.  Conditions.     C.  L.  38:36;  Art.  I-B,  Sec.  49,  supra. 

d.  Annual  report.     C.  L.  38:38;  Art.  I-B,  Sec.  59,  supra. 

XII.  President — Faculty — Powers — General. 

1.  Code.  The  president  of  the  university  shall  be 
president  of  the  faculty,  or  of  the  several  faculties  as  they 
may  be  hereafter  established,  and  the  executive  head  of 
the  instructional  force  in  all  its  departments.  As  such, 
he  shall  have  authority,  subject  to  the  Board  of  Regents, 
to  give  general  direction  to  the  instruction  and  scientific 
investigation  of  the  university,  and  so  long  as  the  in- 
terests of  the  institution  require  it,  he  shall  be  charged 
with  the  duties  of  one  of  the  professorships.  The  imme- 
diate government  of  the  university  shall  be  intrusted  to 
the  faculty. 

(C.  L.  256,  Sec.  495.) 

2.  Original.     1889  Laws  21,  Sec.  8,  same. 

3.  Reference: 

a.  Power  of  board.     C.  L.   38:10,  Art.  I-B,  Sec.  13. 

b.  Powers  of  executives.     C.  L.  38:8;  Art.  I-B,  Sec.  10. 

e.  Courses  of  study.     C.  L.  38:23;  Art.  I-B,  Sec.  40. 

XIII.  Courses— Texts — Students — Degrees — Expulsion. 
1.  Code.    The  regents  shall  have  the  power  to  regulate 

the  courses  of  instruction  and  prescribe  the  books  or 
works  to  be  used  in  the  several  courses  and  also  to  confer 
such  degrees  and  grant  such  diplomas  as  are  usually  in 
universities  or  as  they  shall  deem  appropriate  and  to 
confer  upon  the  faculty  by  by-laws  the  power  to  suspend 
or  expel  students  for  misconduct  or  other  cause  prescribed 
by  such  by-laws. 

(C.  L.  Sec.  495.) 
2.  Original.      18  89  Laws   21,   Sec.   8,  same  except  the  word   "but" 
precedes  "the  regents." 

XIV.  Purposes — Objects — Departments  or  Colleges. 

1.  Code.  The  object  of  the  University  of  Idaho  shall 
be  to  provide  the  means  of  acquiring  a  thorough  knowl- 
edge of  the  various  branches  of  learning  connected  with 
scientific,  industrial  and  professional  pursuits,  and  to  this 
end  it  shall  consist  of  the  following  colleges  or  depart- 
ments, to-wit : 


44  IDAHO  EDUCATIONAL  INSTITUTIONS 

1.  The  college  or  department  of  arts. 

2.  The  college  or  department  of  letters. 

3.  The  professional  or  other  colleges  or  departments 
as  may  from  time  to  time  be  added  thereto  or  connected 
therewith. 

(C.  L.  Sec.   496.) 

2.  Original.     1889  Lraws  21,  Sec.  9,  same. 

3.  Board  Order.     Existing  colleges  or  departments. 

a.  By  order  of  the  Board  of  Regents  of  the  University  there 
was   established   and   confirmed: 

1.  College  of  Letters  and  Sciences. 

2.  College  of  Agriculture. 

3.  College  of  Engineering. 

4.  College  of  Law. 

b.  The  following  schools  or  departments  have  been  established: 

1.  School   of  Mines. 

2.  School  of  Forestry. 

4.  Reference.  See  confirmation  of  the  act  of  Board  of  Regents 
in  establishing  the  College  of  Agriculture  at  the  University  of 
Idaho:      Art.  IV-A-XV,  post. 

5.  Note: 

a.  The  college  of  agriculture,  for  which  foundation  was  laid  by 
Sec.  9  of  188  9  Laws  21,  and  which  is  established  by  order  of 
Board  of  Regents  and  confirmed  by  1909  Laws  38  (C.  L.  496a)  is 
distinct  from  the  other  colleges  and  departments  of  the  univer- 
sity for  administrative  purposes.  Said  college  of  agriculture  must, 
however,  share  the  benefits  of  a  Federal  aid  appropriation  (Art. 
Ill  of  this  compilation)  with  other  departments  or  colleges  of  the 
university  (example:  College  of  engineering,  military  tactics,  etc.). 
To  this  end  see  first  and  second  Morrill  Acts,  etc.,  and  the  pur- 
poses for  which  the  funds  appropriated  thereby  may  be  expended 
as  said  purposes  expressed  therein. 

b.  The  Constitution  (Art.  IX,  Sec.  10)  in  perpetuating  "unto 
the  university,"  "all  the  rights,  immunities,  franchises  and  en- 
dowments granted  thereto  by  the  Territory  of  Idaho"  confirmed 
the  provision  of  1889  Laws  21,  Section  9,  establishing  agricultural, 
engineering,  mining,  etc.,  courses,  colleges,  or  departments,  in  con- 
nection with  the  university. 

XV.  College  of  Agriculture — Confirmation  of. 

1.  Code.  The  action  of  the  regents  of  the  University 
of  Idaho,  in  establishing  and  maintaining  a  college  of 
agriculture  in  connection  with  the  university  at  Moscow, 
and  in  accordance  with  an  act  of  Congress,  approved  July 
2,  1862,  and  known  as  the  land  grant  act,  as  supplemented 
by  an  act  of  Congress  for  the  more  complete  endowment 
and  support  of  colleges  of  agriculture  and  mechanic  arts, 
approved  August  30,  1890,  is  a  proper  exercise  of  the 
lawful  powers  of  the  regents  as  set  forth  in  the  act  cre- 
ating the  university,  and  the  clauses  of  the  State  Constitu- 
tion confirming  the  same.  And  the  said  action  of  the 
regents  in  establishing  and  maintaining  the  said  college 
of  agriculture  in  accordance  with  said  laws,  is  hereby  ex- 
pressly approved  and  confirmed. 

(C.  L.  Sec,  496a.) 

2.  Original.     190  9  Laws  38,  same. 

3.  Note:  The  acts  of  2  July,  1862,  and  30  August,  18  90,  are 
found  in  12  S.  at  L.  503  and  26  S.  at  L.  417,  respectively.  (See  Art. 
III-A-I  and  II,  supra.) 


IDAHO  EDUCATIONAL  INSTITUTIONS  45 

XVI.  College  of  Arts. 

1.  Code.  The  college  or  department  of  arts  shall 
embrace  courses  of  instruction  in  mathematical,  phy- 
sical and  natural  sciences,  with  their  application  to  the 
industrial  arts,  such  as  agriculture,  mechanics,  engineer- 
ing, mining  and  metallurgy,  manufactures,  architecture 
and  commerce,  and  such  branches  included  in  the  college 
of  letters  as  shall  be  necessary  to  a  proper  fitness  of  the 
pupils  in  the  scientific  and  practical  courses  for  their 
chosen  pursuits;  and  as  soon  as  the  income  of  the  uni- 
versity will  allow,  in  such  order  as  the  wants  of  the 
public  shall  seem  to  require,  the  said  courses  in  the  sci- 
ences and  their  application  to  the  practical  arts  shall  be 
expanded  into  distinct  colleges  of  the  university,  each 
with  its  own  faculty  and  appropriate  title. 

(C.  L.   Sec.   497.) 
2.  Original.      188  9  Laws  21,  Sec.  10,  same. 
3    Reference:     See  Art.  IV-A-XlV-3,  supra. 
See  Art.  I-B,  Sec.   40,  supra. 

XVII.  College  of  Letters. 

1.  Code.  The  college  of  letters  shall  be  coexistent 
with  the  college  of  arts  and  shall  embrace  a  liberal  course 
of  instruction  in  language,  literature  and  philosophy,  to- 
gether with  such  courses  or  parts  of  courses  in  the  college 
of  arts  as  the  regents  of  the  university  shall  prescribe. 

(C.  L.  256,  Sec.  497.) 

2.  Original.      1889  Laws  21,  Sec.  10,  same. 

3.  Reference.     See  reference  XVI,  just  supra. 

XVIII.  Co-Educational. 

1.  Code.  The  university  shall  be  open  to  female  as 
well  as  male  students,  under  such  regulations  and  restric- 
tions as  the  board  of  regents  may  deem  proper. 

(C.  L.   257,  Sec.   498.) 
2.  Original.      1889  Laws  21,  Sec.  11,  same. 

XIX.  Tuition — When  Required — Professions — 
Non-Residents. 

1.  Code.  No  student  who  shall  have  been  a  resident 
of  the  State  for  one  year  next  preceding  his  admission 
shall  be  required  to  pay  any  fees  for  tuition  in  the  uni- 
versity excepting  in  a  professional  department  and  for 
extra  studies.  The  regents  may  prescribe  rates  of  tui- 
tion for  any  pupil  in  a  professional  department,  or  who 
shall  not  have  been  a  resident  as  aforesaid,  and  for 
teaching  extra  studies. 

(C.  L.  257,  Sec.  499.) 
2.  Original.      1889  Laws  21,  Sec.  12,  same. 


'46  IDAHO  EDUCATIONAL  INSTITUTIONS 

XX.  Board — Original  Appointment — Officers. 

1.  Original.  The  Board  of  Regents  herein  provided 
for  shall  be  appointed  immediately  after  this  act  becomes 
a  law;  and  within  ninety  days  after  the  appointment  of 
said  regents  the  board  shall  meet  at  Boise  City,  and  elect 
a  president,  secretary  and  treasurer  thereof,  and  shall  at 
said  meeting  adopt  by-laws  for  the  government  of  said 
board  and  the  officers  chosen  by  virtue  of  this  act. 

(1889  L.   21,  Sec.   13.) 

XXI.  Site — Buildings — Appropriation  for. 

1.  Original.  The  sum  of  fifteen  thousand  dollars  is 
hereby  appropriated  out  of  any  money  in  the  territorial 
treasury  of  Idaho,  not  otherwise  appropriated,  and  the 
territorial  comptroller  is  hereby  authorized  to  draw  his 
warrant  on  the  territorial  treasurer  for  said  amount,  and 
the  territorial  treasurer  is  hereby  directed  and  command- 
ed to  pay  the  same,  as  hereinafter  provided,  which  money 
shall  be  expended  for  the  following  purposes,  to-wit : 

First — The  purchase  of  a  site  or  grounds  for  said  uni- 
versity, said  location  to  consist  of  not  less  than  ten  nor 
more  than  twenty  acres  of  ground,  and  for  the  improve- 
ment of  the  same,  and  for  keeping  the  same  in  repair. 

Second^ — To  advertise  for  and  obtain  plans  and  specifi- 
cations for  a  university  building  under  such  rules  and 
regulations  as  the  board  may  impose. 

Third — For  the  payment  of  the  necessary  expenses  of 
said  board,  as  hereinafter  provided. 

(1889  L.  21,  Sec.  14.) 

XXII.  Board — Executive  Committee. 

1.  Code.  The  president  and  secretary  ex-officio,  and 
one  member  of  the  board  to  be  appointed  by  the  presi- 
dent thereof,  shall  constitute  an  executive  committee  of 
said  board,  whose  duties  shall  be  prescribed  by  the  by- 
laws of  the  board. 

(C.  L.   254,  Sec.   487.) 

2.  Original.      1889  Laws  21,  Sec.  15,  same. 

3.  Board  Regulations.  At  the  regular  April  meeting  in  each  year 
the  president  shall  appoint  the  following-  committees  to  serve  one 
year. 

a.  An  executive  committee  for  each  of  the  State  educational 
institutions.  Each  executive  committee  shall  include  the  head  of 
the  institution,  who  shall  be  the  secretary  of  the  committee,  the 
commissioner,  and  a  member  of  the  board  who  shall  be  chairman 
of  the  committee;  in  the  case  of  the  university,  two  additional 
board  members,  one  of  whom  shall  be  the  president  of  the  board. 

(Rules  and  Regulations,  State  Board  of  Education.) 

(Art.  I-C-I-7,  supra.) 

XXIII.  Original  Appropriation — Custody. 

1.  Original.  Upon  executing  and  filing  with  the  ter- 
ritorial treasurer  a  good  and  sufficient  bond,  in  whatever 


IDAHO  EDUCATIONAL  INSTITUTIONS  47 

sum  the  Board  of  Regents  shall  direct,  provided  said  bond 
shall  have  been  first  approved  by  the  territorial  attorney- 
general,  the  territorial  treasurer  shall  pay  over  to  the 
treasurer  of  said  board  the  sum  of  fifteen  thousand  dol- 
lars, or  so  much  thereof  as  may  be  available ;  and  in  the 
event  said  sum  is  not  paid  in  full  upon  the  execution  and 
delivery  of  said  bond  as  aforesaid,  then  the  remainder 
of  said  sum  shall  be  transferred  to  the  treasurer  of  said 
board  as  speedily  as  the  fund  shall  accumulate  therefor. 

(1889  L.  21,  Sec.   16.) 

XXIV.  Funds — Disbursement — Treasurer — Duties 

1.  Original.  The  treasurer  of  said  board  shall,  out  of 
any  moneys  in  his  hands  belonging  to  said  board,  pay  all 
orders  drawn  upon  him  by  the  president  and  secretary 
thereof,  when  accompanied  by  vouchers  fully  explaining 
the  character  of  the  expenditure,  and  the  books  and  ac- 
counts of  the  treasurer  shall  at  all  times  be  opened  to  the 
inspection  of  the  board.  The  treasurer  shall  make  an 
annual  report  to  the  president  of  the  board  of  all  transac- 
tions connected  with  the  duties  of  his  office. 

(1889   L.    21,   Sec.    17.) 
2.  Reference.      (See  Art.  IV- A- IV  supra.) 

XXV.  University  Building  Fund — Temporary. 

1.  Original.  There  shall  be  levied  and  collected  an- 
nually a  territorial  tax  of  one-half  mill  for  each  dollar  of 
the  assessed  valuation  of  the  taxable  property  of  the  ter- 
ritory, which  amount,  when  so  levied  and  collected,  shall 
be  appropriated  to  a  university  building  fund,  to  remain 
in  the  treasury  subject  to  the  order  of  the  Board  of  Re- 
gents ;  but  in  no  event  shall  said  board  appropriate  the 
fund  thus  collected,  or  any  "portion  thereof,  to  any  pur- 
pose other  than  that  for  which  said  fund  was  provided ; 
and  PROVIDED  FURTHER,  that  said  tax  shall  not  be 
levied  and  collected  for  a  longer  period  than  four  years. 

(1889  L.   21,  Sec.   18.) 
2.  Amendmeiit.     There   shall   be  levied   and   collected   annually  a 
State  tax  of  three-quarters  of  a  mill  for  each  dollar  of  the  assessed 
valuation  of  taxable  property  of  the  State  of  Idaho,  which  amount, 
when  so  levied  and  collected,  shall  be  appropriated  to  a  university 
building  fund,  to  remain  in  the  treasury  subject  to  the  order  of  the 
Board  of  Regents;  but  in  no  event  shall  said  board  appropriate  the 
fund  thus  collected,  or  any  portion  thereof,  to  any  purpose  other 
than    that    for   which    said    fund    was    provided;    and,    PROVIDED 
FURTHER,   that  said  tax  shall  not  be  levied  and  collected   for  a 
longer  period  than  four  years  from  the  date  hereof. 
(1891  L.  42.) 

XXVI.  Board — Expenses — Payment  of. 

1.  Original.  The  regents  shall  receive  the  actual 
amount  of  their  expenses  in  traveling  to  and  from  and 
in  attendance  upon  all  meetings  of  the  board  or  incurred 


48  IDAHO  EDUCATIONAL  INSTITUTIONS 

in  the  performance  of  any  duty  in  pursuance  of  any  direc- 
tion of  the  board ;  accounts  of  such  expenses  shall  be  duly 
authenticated  and  audited  by  the  board,  and  be  paid  on 
their  order  by  the  treasurer  out  of  any  fund  belonging  to 
the  university  not  otherwise  appropriated ;  no  regent  shall 
receive  any  pay,  mileage  or  per  diem,  except  as  above 
prescribed. 

(1889  L.  21,  Sec.   19.) 
2.  Reference.     Expense  and  honorarium  of  board.     See  C.  L.  36:6 
and  Art.  I-B,  Sec.  8,  supra. 

B.     Endowment. 

I.   University  Grants. 
1.  General. 

a.  Territorial  Resolution.  Your  memorialists,  the  council  of  a 
legislative  assembly  of  the  Territory  of  Idaho  most  respectfully  rep- 
resent: 

That  it  has  been  the  custom  of  the  general  government  to  grant 
liberally  of  the  public  lands  to  the  territories  for  the  establishment 
of  universities,  and 

Whilst  Oregon  (when  a  territory)  and  Utah  and  V^ashington  and 
other  territories  have  severally  received  by  donation  from  general 
government  (2)  two  townships — 41,080  acres — for  university  pur- 
poses, the  Territory  of  Idaho  has  not  been  so  favored. 

We  therefore,  your  memorialists,  earnestly  pray  that  two  town- 
ships of  the  public  domain  be  donated  to  this  territory,  as  univer- 
sity land;  to  be  selected  in  legal  subdivisions  under  the  direction  of 
the  territorial  legislature. 

(Council  Memorial  No.  6,  10th  Territorial  Session.) 
(1879  L.  75.) 

Note.     "41,080  acres"  apparently  means  46,080  acres. 

b.  Federal  Grant.  Seventy-two  entire  sections  granted  to  Idaho 
et  al.,  for  use  and  support  of  a  university  "when  *  *  *  admitted 
as  State;"  lands  to  be  sold  under  the  direction  of  the  Secretary  of 
the  Interior;  proceeds  to  be  invested  in  United  States  bonds,  the 
same  to  constitute  a  university  fund;  no  part  of  income  therefrom 
to  be  expended  for  buildings  or  salaries  of  teachers  or  professors 
until  fund  reaches  $50,000,  anjl  then  only  interest  to  be  used  for 
either  of  the  foregoing  purposes  until  the  said  fund  shall  amount  to 
$10  0,000,  when  any  excess  and  the  interest  thereof  may  be  used  for 
the  proper  establishment  and  support,  respectively,  of  said  universi- 
ties. 

(Act  of  18  February,  1881;   21  S.  at  L..  326.) 
(See  1  Con.  Conv.  Proc.  1292.) 
Reference.     See  Art.  II-B-I-1.) 

c.  Constitutional  Convention. 

(1   C.  C.  P.   773  and  881.) 

(2   C.  C.  P.   1287;  1331;  1451.) 

d.  Admission  Bill.  That  the  lands  granted  to  the  Territory  of 
Idaho  by  the  Act  of  February  18,  1881,  entitled  "An  act  to  grant 
lands  to  Dakota,  Montana,  Arizona,  Idaho,  and  Wyoming,  for  univer- 
sity purposes,"  are  hereby  vested  in  the  State  of  Idaho  to  the  extent 
of  the  full  quantity  of  72  sections  to  said  State,  and  any  portion  of 
said  lands  that  may  not  have  been  selected  by  said  Territory  of 
Idaho  may  be  selected  by  the  said  State;  but  said  act  of  February 
18,  1881,  shall  be  so  amended  as  to  provide  that  none  of  said  lands 
shall  be  sold  for  less  than  $10  per  acre,  and  the  proceeds  shall  con- 
stitute a  permanent  fund  to  be  safely  invested  and  held  by  said 
state,  and  the  income  thereof  be  used  exclusively  for  university  pur- 
poses. The  schools,  colleges  and  universities  provided  for  in  this  act, 
shall  forever  remain  under  the  exclusive  control  of  the  said  State, 
and  no  part  of  the  proceeds  arising  from  the  sale  or  disposal  of  any 


IDAHO  EDUCATIONAL  INSTITUTIONS  49 

lands  herein  granted  for  educational  purposes  shall  be  used  for  the 
support  of  any  sectarian  or  denominational  school,  college  or  uni- 
versity. 

(Sec.  8,  26  S.  215.) 

e.  Constitution.  The  regents  shall  have  the  general  supervision 
of  the  university  and  control  and  direction  of  all  the  funds  of,  and 
appropriations  to  the  university  under  such  regulations  as  may  be 
prescribed  by  law.  No  university  lands  shall  be  sold  for  less  than 
$10.00  per  acre  and  in  subdivisions  not  to  exceed  160  acres  to  any 
one  person,  company,  or  corporation. 

(Constitution  of  Idaho,  Art.  IX,  Sec.  10.) 

f.  Note.  The  Act  of  18  February,  1881  (21  St.  326),  retained  in 
the  Federal  Government  full  control  of  the  sale  and  custody  and  in- 
vestment of  proceeds. 

Section  8  of  the  Admission  Bill  delegated  these  powers  to  the 
State   (26  S.  215;   act  of  3  July,  1890). 

In  the  interim,  however,  between  the  acts  of  1881  and  1890,  su- 
pra, the  constitutional  convention  met  and  in  contemplation  of  the 
existing  law  (21  S.  326)  excepted  the  university  land  grants  from  the 
provisions  governing  other  endowment  and  educational  grants.  (Sec. 
11,  Art.  IX  of  the  Constitution.) 
(1  C.  C.  P.  773  and  861.) 
(2   C.  C.  P.   1287;    1331;    1451.) 

2.  Specific. 

a.  Admission  Bill.  To  the  State  of  Idaho:  for  the  support  and 
maintenance  of  the  State  university,  located  at  Moscow,  5  0,000 
(acres). 

(Sec.  11,  26  S.  215.) 

3.  University  Fund, 

a.  Created. 

(1)  Code.  A  fund  which  shall  be  known  as  the  university 
fund  is  hereby  created  and  established.  All  moneys  now  in,  or 
credited  to,  that  certain  fund  designated  on  the  books  in  the 
offices  of  the  State  Auditor  and  the  State  Treasurer  as  the  uni- 
versity fund  and  all  moneys  which  may  accrue  from  the  invest- 
ment of  the  proceeds  of  the  sale  of  any  of  the  lands  granted  to 
the  State  of  Idaho  by  the  United  States  government  under*  the 
provisions  of  the  act  of  Congress  of  February  18,  1881,  entitled 
"An  act  to  grant  lands  to  Dakota,  Montana,  Arizona,  Idaho  and 
Wyoming  for  university  purposes,"  as  amended  by  the  act  of 
July  3,  1890,  entitled  "An  act  to  provide  for  the  admission  of 
the  State  of  Idaho  into  the  Union,"  amounting  to  72  entire  sec- 
tions, and  also  all  moneys  which  may  accrue  from  the  invest- 
ment of  the  proceeds  of  the  sale  of  any  of  the  50,000  acres  of 
lands  granted  to  the  State  of  Idaho  under  the  provisions  of  the 
act  of  July  3,  1890,  entitled  "An  act  to  provide  for  the  admission 
of  the  State  of  Idaho  into  the  Union,"  for  the  support  and  main- 
tenance of  a  State  university  or  from  the  investment  of  the  pro- 
ceeds of  the  sale  of  timber  growing  upon  any  of  the  said  lands 
and  also  any  and  all  moneys  which  may  be  received  on  account 
of  rentals  charged  for  the  use  of  any  such  lands  and  all  moneys 
which  may  be  received  by  the  State  Treasurer  on  account  of 
Interest  charged  upon  deferred  payments  on  such  of  the  said 
lands  as  may  have  been  sold  by  the  State  shall  be  credited  to, 
placed  in  and  constitute  the  university  fund. 

(C.  L.  40:6.) 

(2)  Orisrinal.     1905  Laws  417.  same. 
b.  Limitation  on  Expenditure. 

(1)  Code.  No  moneys  shall  ever  be  appropriated  out  of  the 
university  fund  for  any  purpose  other  than  the  support  and 
maintenance  of  the  university,  nor  shall  any  moneys  properly 
belonging  to  the  said  fund  ever  be  diverted  therefrom  or  used 
for  any  other  purpose  whatsoever. 

(C.  L.  40:6.) 

(2)  Original.     1905  Laws  417,  same. 


50  IDAHO  EDUCATIONAL  INSTITUTIONS 

c.  Perpetual  Appropriation. 

(1)  Code.  All  moneys  which  may  accrue  or  be  credited  and 
which  properly  belong  to  the  university  fund  are  perpetually 
appropriated  and  set  apart  for  the  support  and  maintenance  of 
the  university,  the  same  to  be  available  for  such  purpose  imme- 
diately upon  their  being-  credited  to  the  said  fund. 

(C.  L.   40:7.) 

(2)  Original.      1905  Laws   417,  same. 

d.  Note.  Grants  referred  to  just  above  are  those  appearing  in 
Art.   IV-B-I-1   and  2. 

II.   Agricultural  College  Grant. 

1.  General, 

a.  First  Morrill  Act:  Grants  30,000  acres  to  each  State  for 
each  Senator  and  Representative  in  Congress  according  to  the  ap- 
portionment for  the  year  1860. 

(Act  of  3  July,  1862;   12  S.  503.) 

(Art.   III-A-I,   supra.) 

2.  Specific. 

a.  Admission  Bill.  That  90,00  0  acres  of  land,  to  be  selected  and 
located  as  provided  in  Section  4  of  this  act,  are  hereby  granted  to 
said  State  for  the  use  and  support  of  an  agricultural  college  in  said 
State,  as  provided  in  the  acts  of  Congress  making  donations  of 
lands  for  such  purposes. 

(Sec.  10,  26  S.  215.) 

b.  Decision. 

Note.  "By  the  Idaho  admission  act.  Congress  granted  to  the 
State  90,000  acres  of  land  as  an  endowment  for  an  agricultural 
college  or  colleges  in  accordance  with  the  act  of  July  2,  1862,  (12 
S.  at  L.  503,  C.  130).      (Emphasis  ours.) 

(Evans  vs.  Van  Deusen,  31  I.  614;  174  P.  122.) 

(Reference:      Art.   IV-C-I-3    post.) 

(Reference:      Art.  II-C-I,   note.) 

3.  Agricultural  College  Fund. 

a.  Code. 

(1)  Creation.  A  fund  which  shall  be  known  as  the  agricul- 
tural college  fund  is  hereby  created  and  established.  All  moneys 
now  in  or  credited  to  that  certain  fund  designated  on  the  books 
in  the  offices  of  the  State  Auditor  and  the  State  Treasurer  as 
the  agricultural  college  fund,  and  all  moneys  which  may  accrue 
from  the  investment  of  the  proceeds  of  the  sale  of  any  of  the 
90,000  acres  of  lands  granted  to  the  State  of  Idaho  by  the 
United  States  government,  under  the  provisions  of  the  act  of 
Congress  of  July  3,  1890,  entitled,  "An  act  to  provide  for  the 
admission  of  the  State  of  Idaho  into  the  Union,"  for  the  use 
and  support  of  an  agricultural  college  in  said  State  as  provided 
in  the  acts  of  Congress  making  donations  of  lands  for  such 
purposes,  or  of  any  of  the  timber  growing  thereon  and  also  any 
and  all  moneys  which  may  be  received  on  account  of  rentals 
charged  for  the  use  of  any  of  such  lands  and  all  moneys  which 
may  be  received  by  the  State  Treasurer  on  account  of  any  in- 
terest charged  upon  deferred  payments  on  such  of  the  said 
lands  as  may  have  been  sold  by  the  State,  shall  be  credited  to, 
placed  in  and  constitute  the  agricultural  college  fund. 

(C.  L.   40:10.) 

(2)  Limitation  on  Expenditure.  No  money  shall  ever  (be) 
appropriated  out  of  the  said  agricultural  college  fund  for  any 
purpose  whatsoever  other  than  the  support  and  maintenance  of 
the  agricultural  college  in  the  University  of  Idaho. 

(Note:      "be"  inserted.) 
(C.  L.  40:10.) 

(3)  Perpetual  Appropriation.  All  moneys  which  may  accrue 
or  be  credited  and  which  properly  belong  to  the  agricultural 
college  fund  are  perpetually  appropriated  and  set  apart  for  the 
support    and    maintenance    of    the    agricultural    college    in    the 


IDAHO  EDUCATIONAL  INSTITUTIONS  51 

University  of  Idaho,  the  same  to  be  available  for  such  purpose 
immediately  upon  their  being  credited  to  the  said  fund. 
(C.  L.   40:11.) 

b.  Original. 

(1)  Creation.      1905  Laws  419,  Sec.  1,  same. 

(2)  Liiniitation  on  Expenditure.      1905  L,  419,  Sec.  1,  same. 

(3)  Perpetual  Appropriation.  That  perpetually  from  and  af- 
ter the  first  day  of  January,  1911,  all  moneys  which  may  accrue 
or  be  credited  and  which  properly  belong-  to  the  agricultural 
college  fund  shall  be,  and  the  same  are,  hereby  appropriated 
and  set  apart  for  the  support  and  maintenance  of  the  agricul- 
tural college,  and  that  the  same  shall  be,  and  they  are,  hereby 
made  available  for  such  purpose  immediately  upon  their  being 
credited  to  the  said  fund. 

(1911  L.   63,  Sec.   4.) 

c.  Amendments. 

(1)  1907  Laws  27,  amends  Sec.  2  of  1905  Laws  419,  to  ap- 
propriate  for  the  years   1907  and    1908. 

(2)  1911  Laws  63  re-enacts  Sec.  1  of  1905  Laws  419  and  en- 
acts C.  L.   40:11. 

d.  Confirmation.     Same  as  Art.  IV-A-XV,  supra.     See  C.  L.  496a. 

e.  Note.     See  note  to  Art.  IV-C-I-3,  post. 

III.   Scientific  School  Grant. 

1.  Grant.    To  the  State  of  Idaho  for  the  establishment 
and  maintenance  of  scientific  school,  100,000  acres. 

(Sec.  11,  26  S.  215.) 

2.  Scientific  School  Fund. 

a.  Creation. 

(1)  Code.  A  fund  which  shall  be  known  as  the  scientific 
school  fund  is  hereby  created  and  established.  All  moneys  now 
in,  or  credited  to,  that  certain  fund  designated  upon  the  books 
in  the  offices  of  the  State  Auditor  and  the  State  Treasurer  as 
the  university  school  of  science  fund  and  all  moneys  which 
may  accrue  from  the  investment  of  the  proceeds  of  the  sale  of 
any  of  the  100,000  acres  of  lands  granted  to  the  State  of  Idaho 
by  the  United  States  government,  under  the  provisions  of  the 
act  of  Congress  of  July  3,  18  90,  entitled,  "An  act  to  provide  for 
the  admission  of  the  State  of  Idaho  into  the  Union,"  for  the 
establishment  and  maintenance  of  a  scientific  school  or  of  any 
of  the  timber  growing  thereon  and  also  any  and  all  moneys 
which  may  be  received  on  account  of  rentals  charged  for  the 
use  of  any  of  such  lands  and  all  moneys  which  may  be  received 
by  the  State  Treasurer  on  account  of  interest  charged  upon  de- 
ferred payments  on  such  of  the  said  lands  as  may  have  been 
sold  by  the  State  shall  be  credited  to,  placed  in  and  constitute 
the  scientific  school  fund. 

(C.  L.   40:8.) 

(2)  Original.  1905  Laws  418  is  the  same  except  that  original 
statute  contained  a  temporary  appropriation  for  the  years  1905 
and  1906. 

b.  Perpetual  Appropriation. 

(1)  Code.  All  moneys  which  may  accrue  or  be  credited  and 
which  properly  belong  to  the  scientific  school  fund,  are  perpet- 
ually appropriated  for  the  payment  of  a  portion  of  the  cost  of 
supporting  and  maintaining  the  college  or  department  of  arts 
of  the  University  of  Idaho,  and  the  same  to  be  available  for 
such  purpose  immediately  upon  their  being  credited  to  the  said 
fund. 

(C.  L.   40:9.) 

(2)  Original.  1907  Laws  2  6,  same  except  included  the  phrase 
"that  perpetually  from  and  after  the  first  Monday  in  January, 
1907." 


52  IDAHO  EDUCATIONAL  INSTITUTIONS 

rv.   Decisions. 

1.  The  funds  arising  from  the  grants  made  by  Sections 
8,  10  and  11  of  the  admission  bill  are  trust  funds  and  are 
not  strictly  speaking  the  subject  of  legislative  appropria- 
tion. 

Evans  vs.  Van  Deusen,  31  I.  614;  174  P.  122. 

2.  The  Legislature  is  required  to  provide  the  method  by 
which  said  grants  are  to  be  made  available  to  the  purposes 
for  which  granted  and  the  only  concern  of  the  courts 
therein  is  to  prevent  the  diversion  of  the  grants  from  the 
objects  or  purposes  for  which  granted. 

(Evans  vs.  Van  Deusen,  31  I.  614;   174  P.  122.) 
Note.     Legislature  has  made  such  provision  in  creating  fund, 
and  malting  perpetual  the  appropriation  in  Art.  X-III-1  supra. 
(Reference:     Art.  X-III-3.) 

C.    Federal  Aid  Appropriations. 

I.   First  Morrill  Act.    (12  S.  503.) 

1.  Assent. 

a.  Code.  The  assent  of  the  Legislature  of  the  State  of  Idaho  is 
hereby  given  to  all  the  provisions  of  any  act  of  Congress  approved 
July  2,  1862,  entitled,  "An  act  donating  public  lands  to  the  several 
States  which  may  provide  colleges  for  the  benefit  of  agriculture  and 
the  mechanic  arts,"  and  the  acts  amendatory  thereof  and  supple- 
mentary thereto. 

(C.  L.  40:1.) 

b.  Original.      1891  Laws  16,  same. 

c.  Amendment.     Re-enacted  1899  Laws  9. 

2.  Confirmation. 

a.   1909  Laws  38;   C.  L.   496a. 

Reference:      See  Art.  IV-A-XV,  supra, 

3.  Note — The  benefit  of  the  grant  made  by  the  firsl 
Morrill  Act  is  only  received  by  the  State  of  Idaho  to  Sec- 
Morrill  Act  is  only  received  by  the  State  of  Idaho  through 
Section  10  of  the  Admission  Bill  (26  S.  215)  whereby  the 
an  agricultural  college  in  said  State  as  provided  in  the 
acts  of  Congress  making  donations  of  land  for  such  pur- 
poses." Grant  of  the  Admission  Bill  in  this  respect  ef- 
fectuates the  first  Morrill  Act  as  applied  to  Idaho. 

By  the  provisions  of  1905  Laws  417,  1907  Laws  27, 
1909  Laws  38,  and  1911  Laws  63,  C.  L.  40:10  (See  Art. 
IV-B-II-3,  supra),  the  proceeds  and  accruals  of  said  grant 
are  credited  to  the  agricultural  college  fund. 

(Evans  vs.  Van  Deusen,  31  I.  614;   174  P.  122. 
Reference:      See    note    to    Art.    II-C-I,    supra. 

4.  Decision.  The  exclusive  control  of  the  moneys  grant- 
ed by  the  first  and  second  Morrill  Acts  and  the  Nelson 
amendment  thereto  is  vested  in  the  Board  of  Regents  of 
the  university  and  the  qualified  treasurer  thereof. 

(Melgard  vs.  Eagleson,  31  L  411;   172  P.  655.) 


IDAHO  EDUCATIONAL  INSTITUTIONS  53 

II.  Second  Morrill  Act  (26  S.  417) 

1.  Assent. 

a.  Code.      (See  First  Morrill  Act,  supra.) 

b.  Original.      (See  First  Morrill  Act,  supra.) 

c.  Amendment.      (See  First  Morrill  Act,  supra.) 

d.  Note.  The  funds  appropriated  by  the  Second  Morrill  Act  are 
not  properly  a  part  of  the  agricultural  college  fund. 

(Melgard  vs.  Eagleson,  supra.) 

III.  Hatch  Act  (24  S.  440) 
1.  Assent. 

a.  Code.  The  assent  of  the  Legislature  of  the  State  of  Idaho  is 
hereby  given  to  all  the  provisions  of  an  act  of  Congress,  approved 
March  2,  1887,  entitled,  "An  act  to  establish  agricultural  experimen- 
tal stations  in  connection  with  the  colleges  established  in  the  sev- 
eral states  under  the  provisions  of  an  act  approved  July  2,  1862, 
and  the  acts  supplemental  thereto,"  and  the  acts  amendatory 
thereof  and  supplementary  thereto. 

(C.  L.   40:2.) 

b.  Original.      1891  Laws  16,  same. 

c.  Amendment.      1889  Laws  9  re-enact  1891  L,  16,  supra. 

d.  Reference.  See  First  Morrill  Act,  supra,  since  the  Hatch 
Act  is  available  only  to  colleges  benefited  by  the  First  Morrill  Act. 

e.  Note.     See  note  to  Second  Morrill  Act,  supra. 

IV.  Adams  Act    (34  S.  63) 
1.  Assent. 

a.  Code.  The  assent  of  the  Legislature  of  the  State  of  Idaho  shall 
be,  and  the  same  is  hereby  given  to  all  the  provisions  of  an  act  of 
Congress,  approved  March  16,  1906,  entitled,  "An  act  to  provide 
for  an  increased  annual  appropriation  for  agricultural  experiment 
stations  and  regulating  the  expenditures  thereof."  And  the  Legis- 
lature of  th«  State  of  Idaho  hereby  approves  of,  and  assents  to, 
the  purposes  of  the  grants  and  appropriations  provided  for  and 
made  by  said  act  of  Congress,  and  hereby  agrees  to  abide  by  the 
terms,  conditions,  requirements  and  limitations  thereof, 

(C.  L.  40:3.) 

b.  Original.  1907  Laws  22  is  the  same  except  that  the  original 
act  erred  in  the  date  of  approval  of  the  Adams  Act,  stating  the 
same  as  June  16,  1906. 

c.  Reference.  Since  the  Adams  Act  is  hinged  to  the  Hatch  Act 
and  thereby  to  the  First  Morrill  Act,  see  Art.  IV-C-I  supra. 

d.  Note.     See  note  to  Second  Morrill  Act,  supra. 

V.  Smith-Lever  Act  (38  S.  372) 

1.  Assent. 

a.  Code.  The  assent  of  the  Legislature  of  the  State  of  Idaho  is 
given  to  the  provisions  and  requirements  of  an  act  of  Congress 
approved  May  8,  1914,  entitled,  "An  act  to  provide  for  the  coopera- 
tive agricultural  extension  work  between  the  agricultural  colleges 
in  the  several  states  receiving  the  benefits  of  the  act  of  Congress 
approved  July  2,  1863.  and  of  acts  supplementary  thereto,  and  the 
United  States  department  of  agriculture."  The  State  Board  of  Ed- 
ucation and  Board  of  Regents  of  the  University  of  Idaho  are  author- 
i7:ed  and  empowered  to  receive  the  grants  of  money  appropriated 
under  such  act,  and  to  organi7e  and  conduct  agricultural  extension 
work  which  shall  be  carried  on  in  connect'on  with  the  terms  and 
conditions  expressed  in  the  act  of  Congress  aforesaid:  and  the  treas- 
urer of  the  State  Board  of  Edu^^ation  and  Board  of  Regents  of  the 
University  of  Idaho  is  hereby  designated  as  the  officer  to  whom  all 
moneys  granted  to  the  State  of  Idaho  under  said  act  shall  be  paid. 

(C.  L.   40:4.) 

b.  Orifrinal.  Whereas,  the  Congress  of  the  United  States  has 
passed   an   Act   approved  by  the  President  May   8th,    1914,   entitled 


54  IDAHO  EDUCATIONAL  INSTITUTIONS 

"An  act  to  provide  for  the  cooperative  agricultural  extension  work 
between  the  agricultural  colleges  in  the  several  states  receiving  the 
benefits  of  the  act  of  Congress  approved  July  2,  1863,.  and  of  acts 
supplementary  thereto,  and  the  United  States  Department  of  Agri- 
culture,"   and 

Whereas,  it  is  provided  in  Section  3  of  the  act  aforesaid  that  the 
grants  of  money  authorized  by  this  act  shall  be  paid  annually  "to 
each  State  which  shall  by  action  of  the  Legislature  assent  to  the 
provisions  of  this  act,"  therefore  be  it 

RESOLVED  by  the  House  of  Representatives  and  the  Senate  that 
the  assent  of  the  Legislature  of  the  State  of  Idaho  be  and  it  hereby 
is  given  to  the  provisions  and  requirements  of  said  act,  and  that 
the  State  Board  of  Education  and  Board  of  Regents  of  the  Univer- 
sity of  Idaho  be  and  they  hereby  are  authorized  and  empowered  to 
receive  the  grants  of  money  appropriated  under  such  act,  and  to 
organize  and  conduct  agricultural  extension  work  which  shall  be 
carried  on  in  connection  with  the  terms  and  conditions  expressed 
in  the  act  of  Congress  aforesaid;  and  that  the  treasurer  of  the  State 
Board  of  Education  and  Board  of  Regents  of  the  University  of  Idaho 
is  hereby  designated  as  the  officer  to  whom  all  moneys  granted  to 
the  State  of  Idaho  under  this  act  shall  be  paid. 
(1915  L.   397.) 

c.  Amendment.      See  Art.   IV-E-4   post. 

d.  Reference.  Since  the  benefits  of  the  Smith-Lever  Act  apply 
only  to  colleges  established  in  accordance  with  the  First  and  Second 
Morrill  Acts,  see  Art.  IV-C-I,  supra, 

e.  Note.      See  note  to  Second  Morrill  Act,  supra. 

D.     Bonds  and  Taxes  Issued  and  Levied  For. 

1.  Levy  of  one-half  mill  tax,  which  amount  when  col- 
lected shall  be  appropriated  to  the  university  building  fund ; 
said  tax  to  be  levied  for  a  period  of  not  longer  than  four 
years. 

(Sec.   18,   1889  L.   21.) 

2.  Amends  Section  18,  1889  Laws  21,  raising  tax  to 
three-fourths  of  a  mill,  and  providing  that  tax  shall  not 
be  levied  for  longer  period  than  four  years. 

(1891  L.   42.) 

3.  Amends  1891  Laws  42,  supra,  so  as  to  permit  the  issu- 
ance of  deficiency  warrants  to  expedite  construction  of 
building. 

(1893  L.  48.) 

4.  Forty -nine  thousand  dollar  bond  issue  "for  the  purpose 
of  providing  money  for  the  finishing  and  furnishing  of  a 
State  University  of  Idaho  ($14,000),  (penitentiary  et  al. 
provided  for)  secured  on  the  faith  anci  credit  of  the  State." 

(1889  L.   459.) 

5.  Fifty  thousand  dollar  bond  issue  "for  the  purpose  of 
providing  money  for  the  erection  of  a  school  of  science  hall 
and  for  the  erection  of  girls'  dormitory  and  the  furnishing 
thereof  at  the  University  of  the  State  of  Idaho,"  secured  on 
the  faith  and  credit  of  the  State  and  the  proceeds  of  the 
sales  of  the  school  of  science  lands  and  the  timber  thereon 
and  on  the  interest  on  the  accruals  from  the  agricultural 
college  and  State  university  grants. 

(1901  L.  158,  refunded  1905  L.  280  and  1909  L.  305.) 

6.  Forty-three  thousand  dollar  bond  issue  "for  the  pur- 


IDAHO  EDUCATIONAL  INSTITUTIONS  55 

pose  of  providing  money  for  the  erection  and  equipment  of 
an  armory  and  gymnasium,  for  the  equipment  of  a  depart- 
ment of  electrical  engineering,  the  equipment  of  a  depart- 
ment of  domestic  science,  and  for  the  provision  of  a  water 
supply  at  the  university,"  secured  on  the  faith  and  credit 
of  the  State,  and  the  interest  on  the  agricultural  college  and 
State  university  grants. 

(1903  L.  434,  refunded  1905  L.  280  and  1909  L,  305.) 

7.  Forty-seven  thousand  dollar  bond  issue  ''for  the  pur- 
pose of  erecting  and  equipping  a  metallurgical  laboratory 
(at  the  University  of  Idaho),"  secured  on  the  faith  and 
credit  of  the  State. 

(1905  L.  194,  refunded  1905  L.  280  and  1909  L.  305.) 

8.  Twelve  thousand  dollar  bond  issue  "for  the  purpose  of 
providing  money  for  a  domestic  science  building  in  connec- 
tion with  the  university,"  secured  on  the  faith  and  credit  of 
the  State  and  interest  on  the  university  grant. 

(1905  L.   222.) 

(Roach  vs.  Gooding-,   11  I.  244;    81  P.   642.) 

9.  Twenty-one  thousand  dollar  bond  issue  "for  the  pur- 
pose of  providing  moneys  for  the  purchase  of  a  library 
($3000)  for,  and  the  completion  and  furnishing  of  a  gym- 
nasium ($2500)  belonging  to,  the  improvement  of  the  cam- 
pus or  grounds  ($500)  surrounding,  and  the  repair  of  the 
building  ($1500)  of  the  State  university  *  *  *  "(  other 
institutions  benefited),  secured  on  the  faith  and 'credit  of 
the  State. 

(1905  L.  400.) 

10.  One  hundred  twenty  thousand  dollar  bond  issue  "for 
the  purpose  of  rebuilding  and  equipping  a  portion  of  the 
main  or  administration  building  of  the  University  of  Idaho 
and  for  making  certain  improvements  and  providing  certain 
equipment  herein  specified  for  said  university  *  *  *  » 
secured  on  the  faith  and  credit  of  the  State;  the  items  of 
expenditure  are  enumerated. 

(1907  L.   144.) 

11.  Fifty  thousand  dollar  bond  issue  "for  the  purpose  of 
supplying  a  portion  of  the  funds  necessary  for  erecting  or 
rebuilding  the  main  building  of  the  University  of  Idaho 
*     *     *     "  secured  on  the  faith  and  credit  of  the  State. 

(1907  L.  154,  refunded  1907  L.  260.) 

12.  Fifty-two  thousand  dollar  bond  issue  "for  the  purpose 
of  supplying  the  funds  necessary  for  erecting  a  portion  of 
the  administration  building  ($40,000)  and  a  central  heating 
plant  ($12,000)  for  the  University  of  Idaho,"  secured  on  the 
faith  and  credit  of  the  State. 

(1909  L.   382,  refunded   1909  L.   315.) 

13.  Seventy-three  thousand  dollar  bond  issue  "for  the 
purpose  of  completing  the  main  or  administration  building 
($60,000),  the  central  heating  plant  ($4000),  for  the  pur- 


66  ^  IDAHO  EDUCATIONAL  INSTITUTIONS 

chase  of  lands,  on  the  Coeur  d'Alene  Reservation  ($3000), 
and  for  making  certain  improvements,  at  Caldwell  ($2000), 
and  providing  certain  equipment  ($4000)  herein  specified 
for  the  said  university  *  *  *  »»  secured  on  the  faith 
and  credit  of  the  State. 

(1909  L.  407.) 

14.  Seventy-five  thousand  dollar  bond  issue  "for  the  pur- 
pose of  supplying  the  funds  necessary  for  erecting  and  fur- 
nishing the  north  wing  of  the  administration  building  of 
the  University  of  Idaho  ($73,815.92)  and  for  repaying  to 
the  regents  of  the  university  certain  money  advanced  by 
them  with  interest  thereon  (residue  of  issue)  *  *  *  >» 
secured  on  the  faith  and  credit  of  the  State. 

(1911  L.  316.) 

(See  1911  L.  683,  and  1913  L.  486.) 

15.  Six  thousand  dollar  bond  issue  "for  the  purpose  of 
erecting  a  suitable  building  for  the  potato  and  sugar  beet 
seed  experimental  station  in  Lincoln  County,  Idaho,  secured 
on  the  faith  and  credit  of  the  State  and  expended  under  the 
direction  of  the  Board  of  Regents  of  the  university." 

(1913  L.  148.) 

E.    Idaho  Statutes — Miscellaneous  Provisions. 

1.  Secondary  Agricultural  Schools.  To  carry  out  the  in- 
tent and  purpose  of  this  act  the  State  shall  be  divided  into 
districts  as  follows : 

Agricultural  Secondary  School  District  No.  1,  composed 
of  the  counties  of  Kootenai,  Latah,  Nez  Perce,  Shoshone, 
Idaho,  Washington,  Lemhi,  (duster  and  Bonner. 

Agricultural  Secondary  School  District  No.  2,  composed 
of  the  counties  of  Canyon,  Owyhee,  Ada,  Boise,  Elmore, 
Twin  Falls,  Cassia,  Lincoln,  Blaine,  Fremont,  Bingham, 
Bannock,  Oneida  and  Bear  Lake. 

In  each  of  the  districts  numbered  1  and  2,  as  defined  in 
Section  1  of  this  act,  there  shall  be  established  by  the  re- 
gents of  the  University  of  Idaho  an  institution  devoted  to 
secondary  education  in  agriculture,  and  if  the  said  regents 
shall  deem  it  for  the  best  interests  of  the  State,  also  a 
branch  agricultural  experiment  station ;  both  located  at  the 
same  point  in  said  district ;  PROVIDED,  that  said  agricul- 
tural secondary  school  or  branch  experiment  station  shall 
be  established  under  such  regulations,  terms  and  conditions 
and  under  such  provisions  for  a  governing  board,  as  to  the 
said  regents  may  seem  most  advantageous  to  the  State. 

The  regents  of  the  University  of  Iciaho  shall  immediately 
upon  the  passage  of  the  act  of  Congress  granting  federal 
aid  for  such  schools,  and  subject  to  the  provisions  herein 
contained,  establish  in  each  of  the  two  districts  described 


IDAHO  EDUCATIONAL  INSTITUTIONS  57 

in  Section  2  of  this  act,  an  agricultural  school  of  secondary 
grade.  The  said  regents  of  the  University  of  Idaho  shall 
provide  for  each  agricultural  school  a  secondary  course  of 
study,  which  shall  have  for  its  major  function  vocational 
education  in  agricultural  and  in  farm  home  making,  not 
neglecting  subjects  of  broadly  educational  value,  and  shall 
articulate  such  studies  with  agricultural  and  home  economic 
courses  of  the  State  college  of  agriculture  above,  and  the 
consolidated  rural  schools  below ;  PROVIDED,  that  the  re- 
gents of  the  University  of  Idaho  may,  at  its  discretion,  re- 
quire that  students  in  any  given  district  may  attend  the 
agricultural  secondary  school  of  that  district  only. 

The  regents  of  the  University  of  Idaho  may  also  establish 
(provided  in  the  judgment  of  the  regents  it  shall  be  for  the 
best  interests  of  the  State),  at  each  agricultural  secondary 
school  a  branch  agricultural  experiment  station,  which  shall 
be  under  the  direction  and  control  of  the  State  agricultural 
experiment  station  established  by  act  of  Congress,  approved 
March  2,  1887,  and  the  work  of  the  branch  agricultural 
experiment  stations  shall  be  especially  directed  to  the  solu- 
tion and  demonstration  of  the  agricultural  problems  of  the 
respective  districts  in  which  the  stations  are  severally  lo- 
cated. 

That  any  sums  which  shall  be  received  by  the  State  of 
Idaho  by  virtue  of  the  act  of  Congress  for  the  aid  and  pro- 
motion of  secondary  schools  of  agriculture  are  hereby  ac- 
cepted, and  shall  be  appropriated  to  the  use  of  said  schools 
for  the  purposes  for  which  said  sum  is  appropriated. 

(1909  L.  339.) 

Reference:     Art.  I-B-64,  supra. 

2.  Caldwell  Experiment  Farm.  Whereas,  the  people  of 
the  State  of  Idaho  have  procured  by  public  subscription,  and 
have  caused  to  be  selected  the  northeast  quarter  of  section 
nine,  and  the  northwest  quarter  of  section  ten  in  township 
three,  north  of  range  three  west  from  the  Boise  meridian, 
in  Canyon  County,  State  of  Idaho,  for  an  experimental 
farm;  and 

Whereas,  the  Board  of  Regents  of  the  State  University 
of  Idaho  selected  the  said  land  as  a  site  for  such  experi- 
mental farm  for  the  State  of  Idaho ;  and 

Whereas,  the  State  Board  of  Land  Commissioners  has 
selected  the  said  land  under  the  grant  for  State  agricultural 
college  land  for  the  said  purposes ;  and 

Whereas,  the  said  land  has  been  improved,  and  it  is  pro- 
posed to  further  improve  the  same,  in  furtherance  of  said 
purposes ; 

NOW,  THEREFORE,  and  for  the  purpose  of  further 


58  IDAHO  EDUCATIONAL  INSTITUTIONS 

encouraging  the  fulfillment  and  perfecting  of  the  said  pur- 
poses, 

BE  IT  RESOLVED,  that  the  said  northeast  quarter  of 
section  nine  and  the  northwest  quarter  of  section  ten  in 
township  three  north  of  range  three  west  from  the  Boise 
meridian,  in  Canyon  County,  State  of  Idaho,  be,  and  the 
same  is,  hereby  withdrawn  from  sale  and  permanently  set 
apart  for  and  dedicated  to  the  exclusive  use  and  purpose  of 
an  experimental  farm  for  the  State  of  Idaho,  to  be  hereafter 
exclusively  used  and  controlled  by  the  Board  of  Regents  of 
the  State  university  of  the  State  of  Idaho  for  said  purposes, 
so  long  as  the  same  shall  be  used  for  said  purposes. 

(1911  L.  792.) 

Reference:    Art.  I-B-65,  supra. 

3.  High  Altitude  Experimental  Farm.  The  director  of 
experiment  stations  and  the  State  Board  of  Education  are 
hereby  authorized  to  select  a  tract  of  State  land  for  the  pur- 
pose of  establishing  an  experiment  farm.  Said  tract  shall 
be  located  at  an  elevation  of  six  thousand  (6000)  feet  or 
more  and  shall  be  selected  for  experimentation  and  demon- 
stration work  for  high  altitude  areas  not  represented  by 
other  experiment  farms  of  the  State  and  shall  be  for  the 
purpose  of  developing  the  highland  areas  of  the  State  for 
agricultural  purposes. 

The  control  and  conduct  of  said  experiment  farm  shall  be 
the  same  as  have  heretofore  been  provided  for  other  experi- 
ment farms  of  the  State  and  the  maintenance  of  the  same 
shall  be  provided  for  hereafter,  as  are  such  other  experi- 
ment farms. 

The  sum  of  three  thousand  five  hundred  dollars 
($3500.00)  is  hereby  appropriated  for  the  expense  of  locat- 
ing said  experiment  farm,  for  the  necessary  equipment  and 
for  general  establishment  and  operation  expenses  for  the 
biennium ;  PROVIDED,  said  sum  shall  not  be  used  for  this 
purpose  unless  a  like  amount  is  donated  or  appropriated 
from  the  locality  where  said  experimental  farm  shall  be 
located.  And  if  no  such  donation  or  appropriation  is  made, 
then  the  amount  appropriated  by  this  act  shall  revert  to  the 
general  fund  of  the  State. 

A  suitable  tract  of  State  land  consisting  of  one  hundred 
sixty  (160)  acres  or  such  part  thereof  as  may  be  selected 
for  the  purposes  designated  in  this  act  is  hereby  set  apart 
for  the  use  of  an  experimental  farm. 

(1917  L.  458.) 

Reference.     Art.  I-B-63,  supra. 

4.  County  Agents.  That  the  Boards  of  County  Commis- 
sioners of  the  several  counties  within  the  State  of  Idaho  are 
hereby  authorized  to  appropriate  funds  for  demonstration 


IDAHO  EDUCATIONAL  INSTITUTIONS  59 

work  in  agriculture  and  home  economics  within  said  coun- 
ties for  the  employment  of  a  county  agent  or  county  agents 
in  co-operation  with  the  University  of  Idaho  and  the  United 
States  Department  of  Agriculture,  in  accordance  with  the 
terms  and  conditions  of  the  law  of  Congress,  No.  7951,  com- 
monly known  as  the  Smith-Lever  Act,  the  provisions  of 
which  have  been  accepted  by  the  State  of  Idaho. 

(1917  L.   483.) 

Reference.     Art.  I-B-6  6,  supra;  Art.  IV-C-V-lc. 

5.  Carnegie  Foundation.  That  the  application  of  the  Re- 
gents of  the  University  of  Idaho  to  have  the  said  university 
placed  upon  the  accepted  list  of  institutions  eligible  to  re- 
ceive the  benefits  of  the  Carnegie  Foundation  for  the  ad- 
vancement of  teaching  be  and  the  same  is  hereby  approved, 
and  that  a  copy  of  this  resolution,  certified  by  the  Secretary 
of  State,  be  filed  by  said  regents  with  the  trustees  of  said 
Carnegie  Foundation. 

(1909  L.  445,  Resol.  No.  5.) 
Reference.     Art.  I-B-68,  supra. 

F.     Federal  Statutes — Miscellaneous  Provisions. 

1.  An  act  authorizing  sales  of  land  within  the  Coeur 
d'Alene  Indian  Reservation  to  the  Northern  Idaho  Insane 
Asylum  and  to  the  University  of  Idaho. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives 
of  the  United  States  of  America  in  Congress  assembled, 
that  the  Secretary  of  the  Interior  is  hereby  authorized,  in 
his  discretion,  to  sell  to  the  regents  of  the  University  of  the 
State  of  Idaho,  for  the  use  of  said  university,  land  not  to 
exceed  six  hundred  and  forty  acres  in  area,  to  be  selected 
by  the  said  regents  of  the  said  university  within  the  limits 
of  the  Coeur  d'Alene  Indian  Reservation,  upon  the  approval 
of  the  Secretary  of  the  Interior,  said  regents  to  pay  there- 
for, upon  receiving  a  grant  thereof,  such  price  as  shall  be 
fixed  by  the  Secretary  of  the  Interior  but  which  shall  not 
be  less  than  two  dollars  and  fifty  cents  per  acre.  The  moneys 
derived  from  said  sale  shall  be  deposited  in  the  treasury 
of  the  United  States  for  the  benefit  of  the  Indians  of  said 
reservation. 

(Act  17  February,  1909;   35  S.  626.) 
Reference:      Art.  I-B-67,  supra. 


IDAHO  EDUCATIONAL  INSTITUTIONS 


ARTICLE  V. 


LEWISTON  STATE  NORMAL  SCHOOL. 
A.    Creation  and  Establishment. 

I.  Normal  School. 

1.  Creation  and  Location, 

a.  Code.  A  normal  school  for  the  State  of  Idaho 
is  hereby  established  in  the  city  of  Lewiston  in  the 
county  of  Nez  Perce,  to  be  called  "The  Lewiston 
State  Normal  School." 

(C.  L.  Sec.  500.) 

b.  Original.     1893  Laws  6,  Sec.  1,  identical. 

c.  Amendment.      1899  Laws  164,  Sec.  1,  re-enacts  1893  Laws 
6,  Sec.  1,  supra. 

2.  Purpose. 

a.  Code.  The  purpose  shall  be  training  and  edu- 
cating teachers  in  the  art  of  instruction  and  govern- 
ing in  the  public  schools  of  this  State  and  teaching 
the  various  branches  that  pertain  to  a  good  common 
school  education. 

(C.  L.  Sec.  500.) 

b.  GrlginaL     1893  Laws  6,  Sec.  1,  same. 

c.  Amendment.  1899  Laws  164,  Sec.  1,  re-enacts  1893  Laws 
6,  Sec.  1. 

3.  Site. 

a.  OriginaL  Provided,  that  the  mayor  and  city 
council  of  the  said  city  of  Lewiston  shall,  prior  to 
the  first  day  of  May,  1893,  donate  to  the  board  of 
trustees  hereinafter  named  as  a  site  for  the  use  of 
the  said  Lewiston  State  Normal  School,  ten  acres  of 
land  within  the  limits  of  the  said  city  of  Lewiston, 
known  and  described  as  a  part  of  the  city  park  of 
Lewiston,  and  shall  convey  the  same  by  a  good  and 
perfect  title  in  fee  simple  to  said  board  of  trustees, 
who  are  hereby  authorized  and  empowered  to  re- 
ceive and  hold  the  same  and  the  title  thereto  in  trust 
and  for  the  use  of  the  said  Lewiston  State  Normal 
School,  and  the  mayor  and  city  council  of  the  said 
city  of  Lewiston  are  hereby  authorized  and  empow- 
ered to  convey  said  site  of  ten  acres  to  the  board  of 
trustees  as  aforesaid. 

(1893  Laws  6,  Sec.  1.) 

b.  Amendment.  1899  Laws  164,  Sec.  1,  re-enacts  1893 
Laws  6,  Sec.  1. 

4.  Trustees. 

a.  Code.  The  general  supervision,  government 
and  control  of  the  Lewiston  State  Normal  School  is 
vested  in  the  State  Board  of  Education,  which  shall 


IDAHO  EDUCATIONAL  INSTITUTIONS  61 

act  as  the  board  of  trustees  of  the  Lewiston  State 
Normal  School. 

(C.  L.  501.) 

Note.  Code  provision  based  on  C.  L.  38:1  and  38:3,  whereby 
the  State  Board  of  Education  is  substituted  for  and  succeeds 
the  Board  of  Trustees  of  the  Lewiston  State  Normal  School. 

b.  Original.  The  said  Lewiston  State  Normal  School  shall 
be  under  the  direction  of  a  board  of  trustees  to  be  known  as 
the  "Board  of  Trustees  of  the  Lewiston  State  Normal  School," 
the  said  Board  of  Trustees  shall  consist  of  six  members,  to- 
wit:  J.  M.  Howe,  B.  P.  Morris,  C.  W.  Shaff,  Ben  Wilson,  Nor- 
man B.  Willey,  and  J.  W.  Reid,  who  shall  at  their  first  meet- 
ing, determine  by  lot  their  respective  terms  of  office,  which 
shall  be  for  two,  four,  and  six  years,  and  their  successors 
shall  be  appointed  for  the  term  of  six  years  by  the  Governor 
of  the  State  of  Idaho  by  and  with  the  advice  and  consent  of 
the  Senate. 

(1893  Laws  7,  Sec.  2.) 

c.  Amendment. 

(1)  1899  Laws  164,  Sec.  1,  re-enacts  1893  Laws  7,  Sec.  2, 
supra. 

(2)  The  said  Lewiston  State  Normal  School  shall  be  un- 
der the  direction  of  a  Board  of  Trustees  to  be  known  as 
"the  Board  of  Trustees  of  the  Lewiston  State  Normal 
School,"  The  said  Board  of  Trustees  shall  consist  of  six 
members,  to-wit:  P.  F.  Morris  and  C,  W.  Shaff,  who  shall 
hold  their  terms  of  office  until  January  27,  A.  D.  1901; 
John  P.  VoUmer  and  Geo.  E.  Erb,  who  shall  hold  their 
terms  of  office  until  January  27,  A.  D.  1903,  and  James  W. 
Reid  and  James  W.  Poe,  who  shall  hold  their  terms  of 
office  until  January  27,  A.  D.  1905,  and  their  successors 
shall  be  appointed  for  the  term  of  six  years  by  the  Gover- 
nor of  the  State  of  Idaho  by  and  with  the  advice  and  con- 
sent of  the  Senate. 

(1899  Laws  369,  Sec.  2.) 

(3)  "The  State  Superintendent  of  Public  Instruction  shall 
be  and  is  hereby  made  a  member  of  the  Board  of  Trustees 
of  the  Lewiston  State  Normal  School  *  *  *  with  the 
same  powers  and  duties  as  the  other  trustees." 

(1903  L.   222.) 

5.  Same — Qualificdticms  of. 

a.  Original.  Before  entering  upon  the  duties  of 
his  office,  each  of  said  trustees  shall  take  and  sub- 
scribe an  oath  or  affirmation  before  some  person  duly 
authorized  to  administer  the  same,  that  he  will  sup- 
port the  constitution  of  the  United  States  and  of  the 
State  of  Idaho,  and  will  faithfully  and  impartially 
discharge  the  duties  of  the  office  of  trustee  of  the 
Lewiston  State  Normal  School,  which  oath  or  af- 
firmation shall  be  filed  in  the  office  of  the  Secretary 
of  State. 

(1893  L.   7,  Sec.  2.) 

b.  Amendment.  1899  Laws  165,  Sec.  2,  and  369,  Sec.  2, 
re-enact  1893  Laws   7,   Sec.   2,  supra. 

6.  Same — Proceedings — General  Poivers — Officers. 

a.  Code.  The  said  board  of  trustees  may  con- 
duct its  proceedings  in  such  manner  as  will  best  con- 
duce to  the  proper  dispatch  of  business.  A  majority 
of  the  board  of  trustees  shall  constitute  a  quorum 


IDAHO  EDUCATIONAL  INSTITUTIONS 

for  the  transaction  of  business,  but  a  less  number 
may  adjourn  from  time  to  time.  No  member  of 
said  board  of  trustees  shall  participate  in  any  pro- 
ceeding in  which  he  has  any  pecuniary  interest. 
Every  vote  and  official  act  of  the  said  board  of 
trustees  shall  be  entered  of  record.  Said  board  of 
trustees  shall  have  an  official  seal,  which  shall  be 
judicially  noticed.  Said  board  of  trustees  may  sue 
and  be  sued.  No  vacancy  in  the  board  of  trustees 
shall  impair  the  right  of  the  remaining  trustees  to 
exercise  all  the  powers  of  the  said  board  of  trustees. 
At  their  first  meeting,  and  annually  thereafter,  the 
said  board  of  trustees  shall  elect  from  their  number 
a  president  and  a  secretary.  The  State  Treasurer 
shall  be  ex-officio  treasurer  of  said  board  of  trustees. 
It  shall  be  the  duty  of  the  secretary  to  keep  an  exact 
and  detailed  account  of  the  doings  of  said  board,  and 
an  itemized  account  of  all  expenditures  authorized 
by  said  board. 

(C.  L.  Sec.  502.) 

b.  Original.     1893  Laws  7,  Sec.   3,  same. 

c.  Amendment.      1899     Laws     165,    Sec,     3,    re-enacts    1893 
Laws  7,  Sec  .3,  supra. 

7.  Buildings — Control  and  Construction. 

a.  Code.  The  said  board  of  trustees  are  hereby 
authorized,  and  it  is  made  their  duty,  to  take  and  at 
all  times  to  have  general  supervision  and  control  of 
all  buildings  and  property  appertaining  to  said  nor- 
mal school;  and  to  have  general  charge  and  control 
of  the  construction  of  all  buildings  to  be  built.  They 
shall  have  power  to  let  contracts  for  buildings  and 
completion  of  any  such  buildings,  and  the  entire  su- 
pervision of  their  construction. 

(C.  L.   Sec.    503.) 

b.  Original.     1893  Laws  7,  Sec.  4,  same. 

c.  Amendment.     1899  Laws  164,  Sec.  4,  re-enacts  18  93  Laws 

7,  Sec.   4,  supra. 

8.  Funds — Control 

a.  Code.  One-half  of  all  funds  appropriated  for 
the  use  and  benefit  of  normal  schools  in  the  State  of 
Idaho,  from  every  source,  including  sales  of  land  do- 
nated by  the  government  of  the  United  States  to  the 
State  of  Idaho,  for  the  establishment  and  mainte- 
nance of  State  normal  schools,  shall  be  under  the 
direction  and  control  of  the  said  board  of  trustees 
subject  to  the  provisions  herein  contained. 

(C.  L.  Sec.  504.) 

b.  Original.      1893  Laws  8,  Sec.   5,  same. 

c.  Amendment.      1899  Laws  164,  Sec.  5,  re-enacts  1893  Laws 

8,  Sec.   5,  supra. 


IDAHO  EDUCATIONAL  INSTITUTIONS  63 

9.  Same — Disbursement.  __ 

a.  Code.  The  treasurer  of  the  board  shall  pay- 
out of  such  funds  all  orders  or  drafts  for  money  to  be 
expended  under  the  provisions  of  this  chapter.  Such 
orders  or  drafts  shall  be  drawn  by  the  State  Auditor 
on  certificates  of  the  secretary,  countersigned  by  the 
president,  of  the  said  board  of  trustees.  No  such  cer- 
tificates shall  be  given  except  upon  accounts  audited 
and  allowed  by  the  said  board. 

(C.  L.  Sec.  504.) 

b.  Original.      1893  Laws  8,  Sec.  5,  same. 

c.  Amendment.      1899  Laws  164,  Sec.  5,  re-enacts  1893  Laws 
8,  Sec.   5,  supra. 

10.  Normal  School  Grant — Temporary  Use  of  All. 

a.  Original.  The  board  of  trustees  of  said  Lewis- 
ton  State  Normal  School  may  use  all  of  the  funds  in 
the  State  treasury  arising  from  the  sale  of  any  part 
of  said  lands  until  such  time  as  another  State  normal 
school  shall  be  established. 

(1893  Laws  8,  Sec.  5.) 

b.  Amendment.      1899    Laws    164,    Sec.    5,    re-enacts    1893 

Laws   8,  Sec.   5,  supra. 

11.  Same — Limitation. 

a.  Code.  Provided,  not  more  than  50,000  acres 
of  said  lands  shall  ever  be  sold  for  said  purpose  of 
establishing  and  maintaining  the  Lewiston  State 
Normal  School,  and  said  board  of  trustees  shall  never 
use  more  of  said  funds  than  necessary  for  the  pur- 
pose of  carrying  out  the  provisions  of  this  chapter. 

(C.  L.   Sec.    504.) 

b.  Orig-inal.      18  93  Laws  8,  Sec.  5,  same. 

c.  Amendment.      1899    Laws    164,    Sec.     5,    re-enacts    1893 
Laws  8,  Sec.  5,  supra. 

12.  Trustees — Meeting. 

a.  Original.  The  board  of  trustees  shall  hold  two 
regular  meetings  annually  at  the  said  city  of  Lewis- 
ton,  but  special  meetings  may  be  called  by  the  presi- 
dent of  the  board  by  sending  written  notice  at  least 
ten  days  before  such  meeting  to  each  member. 

(1893  Laws  8,  Sec.   6.) 

b.   Amendment.      1899  Laws  164,  Sec.  6,  re-enacts  1893  Laws 
8,  Sec.  6,  supra. 

13.  Principal — Teachers — Election  and  Removal. 

a.  Code.  The  board  of  trustees  shall  have  power 
to  elect  a  principal  and  all  other  teachers  that  may 
be  deemed  necessary,  to  fix  salaries  of  the  same  and 
to  prescribe  their  duties.  They  shall  have  power  to 
remove  either  the  principal,  assistant  or  teachers, 
and  appoint  others  in  their  stead. 

(C.  L.  Sec.  506.) 

b.  Original.      1893  Laws  8,  Sec.  7,  same. 


64  IDAHO  EDUCATIONAL  INSTITUTIONS 

c.  Amendment.  1899  Laws  166,  Sec.  7,  re-enacts  1893  Laws 
8,  Sec.  7,  supra. 

14.  Courses — Graduation — Certificates — Diplomas 

a.  Code.  It  shall  be  the  duty  of  the  board  of  trus- 
tees to  prescribe  the  course  of  study  and  the  time  and 
standard  of  graduation,  and  to  issue  such  certificates 
and  diplomas  as  may  from  time  to  time  be  deemed 
suitable.  These  certificates  and  diplomas  shall  entitle 
the  holder  to  teach  in  the  public  schools  of  any  county 
in  this  State  for  the  time  and  in  the  grade  specified 
in  the  certificate  or  diploma. 

(C.  L.  Sec.   507.) 

b.  Original.      1893  Laws  8,  Sec.  8,  same. 

c.  Amendment.  1899  Laws  166,  Sec.  8,  re-enacts  1893  Laws 
8,  Sec.  8,  supra. 

d.  Board  Order. 

THIRD  GRADE  NORMAL  SCHOOL  CERTIFICATE 
A  third  grade  certificate,  good  for  one  year  and  not  renew- 
able, may  be  issued  by  the  normal  school  to  a  graduate  of  an 
accredited  high  school  who  shall  have  satisfactorily  passed  the 
examination  required  for  a  third  grade  certificate  and  shall 
have  obtained  satisfactory  standings  in  nine  weeks'  work  in 
either  one  of  the  State  normal  schools. 

SECOND  GRADE  NORMAL  SCHOOL  CERTIFICATE 
The  holder  of  a  third  grade  certificate,  who  has  taught  suc- 
cessfully upon  it  at  least  18  weeks,  may  obtain  a  second  grade 
certificate  after  having  obtained  satisfactory  standings  on 
nine  weeks'  work  in  either  of  the  State  normal  schools.  This 
certificate  is  good  for  one  year  and  is  renewable  once  only. 

FIRST  GRADE  NORMAL  SCHOOL  CERTIFICATE 
A  first  grade  normal  school  certificate,  good  for  three  years 
and  not  renewable,  may  be  issued  to  the  holder  of  a  second 
grade  normal  school  certificate  who  shall  have  obtained  satis- 
factory standings  on  18  weeks'  additional  work  in  either  of 
the  State  normal  schools,  or  to  the  graduates  of  accredited 
high  schools  who  shall  have  satisfactorily  completed  a  one- 
year  professional  course  for  teachers. 

NORMAL  SCHOOL  LIFE  DIPLOMA 
Upon  completion  of  the  prescribed  two-year  course  beyond 
high  school  graduation,  a  diploma,  which  is  a  life  certificate 
in  the  State  of  Idaho,  shall  be  issued  by  the  respective  State 
normal  schools.  The  holder  of  a  first  grade  normal  school 
certificate,  who  shall  have  satisfactorily  completed  a  pre- 
scribed course  of  36  weeks  additional  in  the  State  Normal 
School,  shall  be  entitled  to  graduation  with  a  normal  school 
life  diploma. 

To  be  valid,  all  the  above  certificates  and  diplomas  must  be 
signed  by  the  President  of  the  State  Board  of  Education,  the 
President  of  the  normal  school  issuing  it,  and  be  countersigned 
by  the  Commissioner  of  Education." 

15.  Textbooks — Equipment. 

a.  Code.  The  board  of  trustees  shall  prescribe 
the  textbooks,  apparatus  and  furniture,  and  provide 
the  same,  together  with  all  necessary  stationery  for 
the  use  of  pupils. 

(C.   L.   Sec.   508.) 

b.  Original.      1893  Laws  9,  Sec.  9,  same. 


IDAHO  EDUCATIONAL  INSTITUTIONS  65 

c.  Amendment.      1899  Laws  166,  Sec.  9,  re-enacts  189  3  Laws 
9,  Sec.  9,  supra. 

16.  Training  and  Model  School. 

a.  Code.  The  board  of  trustees  shall,  when 
deemed  expedient,  establish  and  maintain  a  training 
or  model  school  or  schools,  in  which  the  pupils  of 
the  normal  school  shall  be  required  to  instruct  classes 
under  the  supervision  and  direction  of  experienced 
teachers. 

(C.  L.  Sec.  509.) 

b.  Original.      1893  Laws  9,  Sec.  10,  same. 

c.  Amendment.      1899    Laws    166,    Sec.    10,    re-enacts    18  93 
Laws  9,  Sec.  10,  supra. 

17.  Pupils — A dmission — Qualifications — Residents. 

a.  Code.  The  board  of  trustees  shall  ordain  such 
rules  and  regulations  for  the  admission  of  pupils  to 
said  normal  school  as  they  shall  deem  necessary  and 
proper.  All  classes  may  be  admitted  into  the  said 
normal  school  who  are  admitted  without  restriction 
into  the  public  schools  of  the  state;  PROVIDED, 
the  applicant,  if  a  male,  must  be  not  less  than  16 
years  of  age,  or  if  a  female,  not  less  than  15  years 
of  age.  Applicants  must  also  present  letters  of 
recommendation  from  the  county  superintendent 
of  public  instruction  of  the  county  in  which  they 
reside,  certifying  to  their  good  moral  character 
and  their  fitness  to  enter  the  normal  school.  Be- 
fore entering  all  applicants  must  sign  the  follow- 
ing declaration :  "We  hereby  declare  that  our  pur- 
pose in  entering  the  Lewiston  State  Normal  School 
is  to  fit  ourselves  for  the  profession  of  teaching, 
and  that  it  is  our  intention  to  engage  in  teaching 
in  the  public  schools  of  this  State." 

(C.  L.   Sec.    510.) 

b.  Original.      1893  Laws  9,  Sec.  11,  same. 

c.  Amendment.      189  9    Laws    166,    Sec.    11,    re-enacts    1893 
Laws   9,  Sec.   11,  supra. 

18.  Same — Non-residents — Tuition. 

a.  Code.  Pupils  from  other  states  and  territories 
may  be  admitted  to  all  the  privileges  of  the  said  nor- 
mal school  on  presenting  letters  of  recommendation 
from  the  executive  or  state  school  superintendent 
thereof,  and  the  payment  of  $100.  Pupils  from  other 
states  shall  not  be  required  to  sign  the  declaration 
named  in  the  foregoing  section. 

C.  L.  Sec.   511.) 

b.  Original.      1893  Laws  9,  Sec.   12,  same. 

c.  Amendment.      18  99    Laws    167,    Sec.    12,    re-enacts    1893 
Laws   9,  Sec.   12,  supra. 

Note:     See   oath   required   of   nonresident   pupils   attending 
Albion  State  Normal  School. 
(C.  L.  Sec.   528.) 


66  IDAHO  EDUCATIONAL  INSTITUTIONS 

Note.     Tuition  paid  by  nonresidents  to  be  placed  in  library 
fund. 

(1903  Laws  426;  see  Art.  V-D-I  post. 

19.  Lecture  Courses. 

a.  Code.  Lectures  in  chemistry,  comparative 
anatomy,  agricultural  chemistry,  and  any  other  sci- 
ence or  any  other  branch  of  literature  that  the  board 
of  trustees  may  direct,  may  be  delivered  to  those  at- 
tending such  school,  in  such  manner  and  on  such 
conditions  as  the  board  of  trustees  may  prescribe. 

(C.  L.   512.) 

b.  Original.     1893  Laws  9,  Sec,  13,  same. 

c.  Amendment.      18  99    Laws    167,    Sec.    13,    re-enacts    1893 
Laws  9,  Sec.    13,  supra. 

20.  Trustees — Expenses. 

a.  Original.  The  actual  and  necessary  personal 
expenses  incurred  by  the  members  of  said  board  of 
trustees  in  carrying  out  the  provisions  of  this  act 
shall  be  paid  on  proper  certificate  out  of  any  funds 
belonging  to  said  normal  school  in  the  hands  of  the 
treasurer. 

(1893   Laws    10,   Sec.    14.) 

b.  Amendment.  1899  Laws  16  7,  Sec.  10,  re-enacts  1893 
Laws  10,  Sec.  14,  supra. 

21.  Sdme — Vacancies. 

a.  Original.  It  shall  be  the  duty  of  the  Governor 
of  the  State  to  fill  by  appointment  all  vacancies  that 
may  from  any  cause  occur  in  the  said  board  of 
trustees. 

(1893  L.   10,  Sec.   15.) 

b.  Amendment.  18  99  Laws  167,  Sec.  15,  re-enacts  1893 
Laws  10,  Sec.   15,  supra. 

22.  Report — Recommendations. 

a.  Original.  The  president  and  secretary  of  the 
board  of  trustees  shall  on  the  first  day  of  January  of 
each  year  transmit  to  the  Governor  of  the  State  a 
full  report  of  the  doings  of  the  said  board  of  trustees, 
the  progress  and  condition  of  said  normal  school,  to- 
gether with  a  full  report  of  the  expenditures  of  the 
same  for  the  previous  year,  setting  forth  each  item 
in  full  and  the  date  thereof,  and  such  recommenda- 
tions as  they  deem  proper  for  the  good  of  said  nor- 
mal school. 

(1893  L.   10,  Sec.   16.) 

b.  Amendment.  1899  Laws  167,  Sec.  10,  re-enacts  1893 
Laws  10,  Sec.  16,  supra. 

23.  Supervision  of  Morals — Non-sectarian  Institution. 

a.  Code.  The  board  of  trustees,  in  their  regula- 
tions, and  the  principal  and  assistants  in  their  super- 
vision and  government  of  the  said  school,  shall  exer- 


IDAHO  EDUCATIONAL  INSTITUTIONS  67 

cise  a  watchful  guardianship  over  the  morals  of  the 
pupils  at  all  times  during  their  attendance  upon  the 
same,  but  no  religious  or  sectarian  tests  shall  be 
applied  in  the  selection  of  teachers,  and  none  shall 
be  adopted  in  said  school. 

(C.  L.  Sec.   514.) 

b.  Original.     18  93  Laws  10,  Sec.  17.  same. 

c.  Amendment.      1899    Laws    167,    Sec.    17,    re-enacts    1893 
Laws  10,  Sec.  17,  supra. 

II.  Preparatory  Department. 

1.  "That  for  the  purpose  of  establishing  an  eighth 
grade  training  school  inter  alia  *  *  *  j^y  *  *  * 
additions  to  the  *  *  *  Lewiston  State  Normal  School 
*     *     *     a  loan  of  $30,000  is  hereby  authorized." 

2.  "Creates  Lewiston  State  Normal  School  building 
and  improvement  fund. 

3.  "Money  therefrom  to  be  drawn  as  in  Art.  V-A-I-9 
(See  1893  L.  6,  and  1899  L.  164). 

(1905  L.  203.) 

B.     Endowment. 

I.  Normal  School  Grant. 

1.  Admission  Bill.  "To  the  State  of  Idaho :  For  State 
normal  schools,  100,000  (acres)." 

(Sec.    11,   26   S.    215.) 

2.  In  lieu  of  grants  (See  Art.  II-B-II-2,  supra). 

(Sec.   11,  26  S.  215.) 

II.  Apportionment. 

1.  Original.  One-half  of  all  funds  appropriated  for  the 
use  and  benefit  of  normal  schools  of  the  State  of  Idaho 
from  every  source,  including  sales  of  land  donated  by  the 
government  of  the  United  States  to  the  State  of  Idaho 
for  the  establishment  and  maintenance  of  other  normal 
schools,  shall  be  under  the  direction  and  control  of  the 
said  board  of  trustees  subject  to  the  provisions  herein 
contained. 

(C.  L.  Sec.   504.) 
(1893   L.    8,   Sec.    5.) 
(1899  L.   165,  Sec.  5.) 

2.  Normal  School  Fund. 

a.  Created.  A  fund  which  shall  be  known  as  the 
normal  school  fund  is  hereby  created  and  established. 
All  moneys  now  in,  or  credited  to,  that  certain  fund 
designated  on  the  books  in  the  offices  of  the  State 
Auditor  and  the  State  Treasurer  as  the  normal  school 
fund  and  all  moneys  which  may  accrue  from  the  in- 
vestment of  the  proceeds  of  the  sales  of  any  of  the 


S  IDAHO  EDUCATIONAL  INSTITUTIONS 

lands  granted  to  the  State  of  Idaho  by  the  United 
States  government  under  the  provisions  of  the  act 
of  Congress  of  July  3,  1890,  entitled  "An  act  to  pro- 
vide for  the  admission  of  the  State  of  Idaho  into  the 
Union,"  for -State  normal  schools  or  of  any  of  the 
timber  growing  thereon  and  also  any  and  all  moneys 
v^hich  may  be  received  on  account  of  any  rentals 
charged  for  the  use  of  any  of  such  lands  and  all 
moneys  which  may  be  received  by  the  State  Treas- 
urer on  account  of  interest  upon  deferred  payments 
on  such  of  said  lands  as  may  have  been  sold  by  the 
State,  shall  be  credited  to,  placed  in  and  constitute 
the  said  normal  school  fund. 

(C.  L.   43:1.) 

(1)  Original   1905  Laws   3  93,   Sec.   1,  same. 

b.  Limitation  on  Expenditure.  No  moneys  shall 
ever  be  appropriated  out  of  the  said  normal  school 
fund  for  any  purposes  whatsoever  other  than  the 
support  and  maintenance  of  the  Albion  State  Normal 
School  and  the  Lewiston  State  Normal  School,  and 
that  not  more  than  one-half  of  all  the  moneys  accru- 
ing to  the  said  fund  shall  ever  be  appropriated  for 
the  support  and  maintenance  of  either  of  such 
schools. 

(C.  L.   43:1.) 

(2)  Original   1905  Laws   393,   Sec.   2,  same. 

c.  Perpetual  Appropriation. 

l.Code.  One-half  of  all  moneys  which  may  ac- 
crue to  the  said  normal  school  fund  are  perpetually 
appropriated  and  set  apart  for  the  support  and  main- 
tenance of  the  Lewiston  State  Normal  School,  the 
same  to  be  available  for  such  purpose  immediately 
upon  their  being  credited  to  the  said  fund. 

(C.    L.    43:2.) 

(2)  Original.  1905  Laws  394,  Sec.  6,  same  as  C.  L.  43:2 
except  beginning-  with  "that  perpetually  from  and  after  the 
first  day  of  January,  1907." 

3.  Decisions,  (See  Evans  vs.  Huston,  27  I.  559;  150 
P.  14.) 

C.      Bond  Issue  and  Tax  Levies. 

I.    Bonds. 

1.  $75,000.00  bond  issue  for  the  repair  and  furnishing 
of  a  Lewiston  Normal  School  building  now  partially  con- 
structed and  for  the  support  and  maintenance  of  said 
Lewiston  Normal  School  *  *  *  $37,500.00  *  *  * 
not  more  than  $35,000  thereof  shall  be  paid  or  expended 
for  such  construction,  repair,  or  furnishing;  said 
issue  secured  on  the  faith  and  credit  of  the  State  and  on 


IDAHO  EDUCATIONAL  INSTITUTIONS  69 

the  proceeds  of  the  sale  of  normal  school  lands  and  tim- 
ber thereof. 

(1895  L.  64,  refunded  1905  L.  280  and  1909  L.  305.) 

2.  $7500.00  bond  issue  "for  the  purpose  of  providing 
money  for  chemicals  and  chemical  and  physical  apparatus 
and  for  the  erection  of  two  dormitories  at  the  Lewiston 
State  Normal  School"  secured  upon  the  faith  and  credit 
of  the  state  and  the  proceeds  of  the  sale  of  State  Normal 
School  lands  and  the  timber  thereon. 

(1899  L.  373,  refunded  1905  L.  280;   1909  I..   305.) 

3.  $8000.00  bond  issue  "for  the  purpose  of  adding 
twenty  rooms  to  each  dormitory  of  the  Lewiston  State 
Normal  School  and  furnishing  the  same;  preparing  and 
extending  the  heating  apparatus  of  the  building  of  said 
school ;  providing  a  room  for  the  training  department  of 
said  school,  maps  and  charts  therefor,"  said  loan  to  be 
secured  by  the  faith  and  credit  of  the  state  and  by  the 
proceeds  of  the  sale  of  State  Normal  School  lands  and  the 
timber  thereon. 

(1901  L.   133,  refunded  1905  L.  280;   1909  L.  305.) 

4.  $30,000.00  bond  issue  "for  the  purpose  of  estab- 
lishing an  eighth  grade  training  school  and  furnishing 
accommodations  for  the  department  of  science,  manual 
training,  and  physical  training,  by  the  erection  of  addi- 
tions to  the  present  main  building  of  the  Lewiston  State 
Normal  School  *  *  *"  secured  on  the  faith  and  credit 
of  the  State. 

(1905    L.    203.) 

5.  $21,000.00  bond  issue  "for  the  purpose  of  providing 
moneys  for  the  purchase  of  a  library  for  ($3000.00),  the 
completion  and  furnishing  of  a  gymnasium  belonging  to 
($2500.00),  for  the  improvement  of  the  campus  or 
grounds  surrounding  ($500.00),  the  repair  of  the  main 
building  ($1500.00),  of  the  State  University;  the  pur- 
chase of  a  library  for,  ($1000.00)  improvement  of  the 
buildings  ($500.00),  the  plumbing  of  ($500.00),  the  im- 
provements of  the  campus  ($500.00),  or  the  grounds  sur- 
rounding, and  the  purchase  of  furniture  and  equipment 
($5000.00)  for  the  Lewiston  State  Normal  School;  for 
the  repairs  on  the  buildings  ($2500.00)  of  the  Albion 
State  Normal  School ;  and  for  the  completion  of  and  pur- 
chase of  furniture  for  and  books  to  be  placed  in  the  Lew- 
iston law  library  ($3500.00)  *  *  *»>  secured  upon  the 
faith  and  credit  of  the  State. 

(1905  L.  400.) 

6.  $40,000.00  bond  issue  "for  the  purpose  of  erecting  a 
dormitory  for  women  at  Lewiston  State  Normal  School ; 
furnishing  the  interior  of  the  same  in  whole  or  in  part, 


t70  IDAHO  EDUCATIONAL  INSTITUTIONS 

installing  an  adequate  heating  and  ventilating  plant  and 
plumbing  system  in  same,  furnishing  and  equipping  the 
structure  and  making  improvements  on  the  site  for  dor- 
mitory for  women  at  the  Lewiston  State  Normal  School 
and  the  Normal  School  grounds  adjacent  to  the  same  * 
*  *"  conditioned  on  grant  to  State  by  city  of  tract 
therein  described  by  metes  and  bounds,  said  issue  being 
secured  on  the  faith  and  credit  of  the  State. 

(1907  L.  256,  refunded  1907  Lr.  260.) 

7.  $52,750.00  bond  issue  "for  the  purpose  of  erecting 
and  equipping  a  gymnasium  building  for  the  Lewiston 
State  Normal  School,  for  the  purchase  of  sufficient  land 
for  a  site  for  the  same,  and  for  uses  of  playground  for 
the  training  department  and  an  athletic  field  for  the 
school ;  providing  for  the  purchase  of  a  site  for  a  future 
dormitory  for  young  women,  and  *  *  *  providing  for 
the  erection  and  equipment  of  a  portion  of  a  building  for 
rural  science,  domestic  science,  domestic  art,  and  manual 
training  for  said  *  *  *  school"  secured  on  the  faith 
and  credit  of  the  State. 

(1909  L.   404,  refunded  1909  L.   308.) 

II.    Tax  Levies. 

1.  To  liquidate  bonds  and  coupons  of  the  State  an  ad 
valorem  tax  of  two  mills  is  levied. 

(1913  L.  486.) 
(See  1911  L.  682.) 

D.      Special  Funds. 

I.   Library  Fund. 

1.  Created.  That  the  sum  of  $471.25  now  in  the  hands 
of  the  secretary  of  the  board  of  trustees  of  the  Lewiston 
State  Normal  School  as  the  proceeds  of  the  sale  of  chairs 
not  needed  by  said  institution,  and  the  proceeds  of  tuition 
fees  receivecl  from  pupils  of  said  institution  from  other 
states  and  territories  is  hereby  directed  to  be  paid  into  the 
State  treasury  and  the  same  shall  constitute,  with  tuition 
fees  of  nonresidents  which  may  hereafter  be  received,  a 
fund  to  be  used  for  the  increasing  maintenance  of  library 
of  the  said  Lewiston  State  Normal  school. 

(1903  Laws  426,  Sec.  1.) 

2.  Custody.  All  payments  of  tuition  fees  by  pupils  in 
said  Lewiston  State  Normal  School  from  other  states  and 
territories  shall  be  paid  to  the  State  Treasurer  and  be 
placed  in  a  special  fund  provided  for  in  the  preceding  sec- 
tion, and  the  State  Auditor  shall  draw  warrants  on  the 
said  fund  on  the  certificate  of  the  Secretary  of  the  boarci 


IDAHO  EDUCATIONAL  INSTITUTIONS  71 

of  trustees  of  said  Lewiston  Normal  School  countersigned 
by  the  president  of  said  board. 

(1903  L.    427,  Sec.   2.) 

II.   Improvement  Fund. 

1.  Created.  That  the  sum  of  six  hundred  and  fifty  dol- 
lars now  in  the  hands  of  the  secretary  of  the  Board  of 
Trustees  of  Lewiston  State  Normal  School  as  the  pro- 
ceeds of  the  sale  of  a  building  known  as  Reid  Hall,  orig- 
inally erected  to  be  used  as  a  dormitory  for  men,  and  con- 
demned and  sold  in  accordance  with  resolutions  of  the 
said  Board  of  Trustees  which  appear  on  the  minute  book 
of  the  said  board  on  pages  256  to  260,  inclusive,  and  on 
page  266,  is  hereby  directed  to  be  paid  into  the  State 
treasury,  and  the  same  shall  constitute  a  fund  to  be  here- 
after known  as  the  "Lewiston  State  Normal  Improvement 
Fund." 

All  moneys  which  shall  hereafter  accrue  from  the  sale 
of  any  such  buildings  or  property  as  shall  hereafter  be 
condemned  after  regular  action  of  the  Board  of  Trustees 
of  Lewiston  State  Normal  School,  shall  be  paid  to  the 
State  Treasurer  and  be  placed  in  the  special  fund  provided 
for  in  the  preceding  section. 

(1907  L.  233,  Sees.  1  and  2.) 

2.  Custody.  "And  the  State  Auditor  shall  draw  war- 
rants on  said  fund  on  the  certificate  of  the  secretary  of 
the  Board  of  Trustees  of  said  Lewiston  State  Normal 
School,  countersigned  by  the  president  of  the  board. 

(1907   L.    233,   Sec.    2.) 

ARTICLE  VI. 

ALBION  STATE  NORMAL  SCHOOL 
A.      Establishment  and  Creation. 

I.   Creation  and  Location. 

"A  normal  school  for  the  State  of  Idaho  is  hereby  es- 
tablished at  or  near  the  town  of  Albion  in  the  county  of 
Cassia,  to  be  called  the  Albion  State  Normal  School.'' 

(C.  L.  Sec.  513.) 

Original.     1893  L.   179,  Sec.   1. 

Re-enacted.      1899  L.  228,  Sec.   1. 

II.   Purpose  and  Scope. 

"The  purpose  will  be  training  and  educating  teachers 
in  the  art  of  instruction  and  governing  in  the  public 
schools  of  the  State  and  teaching  the  various  branches 
that  pertain  to  a  good  common  school  education. 

(C.  L.  Sec.   516.) 


72  IDAHO  EDUCATIONAL  INSTITUTIONS 

Original.      1893  L.  179,  Sec.  1. 
Re-enacted.      1899  L.  228,  Sec.  1. 

III.  Site. 

"That  J.  E.  Miller  of  the  said  town  of  Albion  shall  prior 
to  the  first  day  of  May,  eighteen  hundred  and  ninety- 
three  donate  to  the  Board  of  Trustees  hereinafter  named 
as  a  site  for  the  use  of  the  said  Albion  State  Normal 
School  five  acres  of  lot  3,  section  6,  T.  12  S.,  R.  25  E., 
together  with  a  permanent  water  right  therefor  and  shall 
convey  the  same  by  a  good  and  perfect  title  in  fee  simple 
to  said  Board  of  Trustees,  who  are  hereby  authorized  and 
empowered  to  receive  and  hold  the  same  and  the  title 
thereto  in  trust  and  for  the  use  of  the  said  Albion  State 
Normal  School." 

(1893   L.    180,  Sec.    1.) 
Re-enacted.     1899  L.  229,  Sec.  1. 
Reference.     Art.  VI-C,  post. 

IV.  Trustees. 

1.  Code  Provision.  The  general  supervision,  govern- 
ment and  control  of  the  Albion  State  Normal  School  is 
vested  in  the  State  Board  of  Education,  which  shall  act 
as  the  Board  of  Trustees  of  the  Albion  State  Normal 
School. 

(C.  L.  517.  Based  on  C.  L.  38:3  constituting  State  Board  of 
Education  as  the  successor  to  the  Board  of  Trustees  of  the 
Albion  state  Normal  School.) 

2.  Original  Enactment,  a.  The  said  Albion  State 
Normal  School  shall  be  under  the  direction  of  a  Board  of 
Trustees  to  be  known  as  "the  Board  of  Trustees  of 
Albion    State    Normal    School."       The    said    Board    of 

Trustees  shall  consist  of  seven  members,  to^wit: 
Josiah  E.  Miller,  Cassia  County,  David  M.  Johns,  Cassia 
county,  Lewis  Sweetser,  Cassia  county,  Will  F.  Mont- 
gomery, Elmore  county,  Frank  Campbell,  Oneida  county, 
James  Gwin,  Owyhee  county,  and  the  State  Superintend- 
ent of  Public  Instruction,  who  shall  ex-officio  be  a  member 
of  said  Board  of  Trustees,  who  shall,  except  the  State 
Superintendent  of  Public  Instruction  at  their  first  meet- 
ing determine  by  lot  their  respective  terms  of  office,  which 
shall  be  for  two,  four,  and  six  years,  and  their  successors 
shall  be  appointed  for  the  term  of  six  years  by  the  Gov- 
ernor of  the  State  of  Idaho  by  and  with  the  advice  and 
consent  of  the  Senate." 

(1893  L.   180,  Sec.   2.) 

b.  "That  the  present  Board  of  Trustees  of  the  Albion  State  Nor- 
mal School  is  hereby  abolished. 

"That  a  nonpartisan  board  of  trustees  to  be  known  as  "the  Board 
of  Trustees  of  the  Albion  State  Normal  School"  consisting  of  five 
members,  no  more  than'  three  of  whom  shall  be  of  the  same  po- 
litical party,  is  hereby  created  for  the  management  and  control  of 


IDAHO  EDUCATIONAL  INSTITUTIONS  73 

the  Albion  State  Normal  School.  Said  trustees  shall  be  appointed 
by  the  Governor,  by  and  with  the  advice  and  consent  of  the  Senate, 
for  a  term  of  two  years  and  until  their  successors  are  appointed  and 
qualified. 

Section  2  of  an  act  approved  March  7,  1893,  entitled  "An  act 
to  establish  a  State  Normal  School  at  Albion  *  *  *"  and  all  acts 
*  *  *  inconsistent  with  the  provisions  of  this  act  are  hereby  re- 
pealed. 

(1897  L.   43.) 
Note.     An  act  approved  March  7,  1893,  above  referred  to.      1893 
L.   180,  supra. 
c.  Re-enacts  18  93  Laws  180,  Sec.   2,  supra,  as  amended  by  1897 
Laws  43,  Sec.  2,  supra. 

(1899  L.  228,  Sec.  2.) 
d.  The   State   Superintendent  of  Public   Instruction  shall  be  and 
is  hereby  made  a  member  of  the  Board  of  Trustees  of  the     *     *     * 
Albion  State  Normal  School  with  the  same  powers  and  duties  as  the 
other  trustees. 

(1903  L.  222.) 
e.  "After  March  5,  1905,  or  as  soon  thereafter  as  the  board  herein 
provided  for  shall  qualify,  the  said  Albion  State  Normal  School  shall 
be  under  the  direction  of  a  nonpartisan  board  consisting  of  six  mem- 
bers, not  more  than  four  of  whom  shall  be  of  the  same  political 
party,  said  board  to  be  known  as  'The  Board  of  Trustees  of  the 
Albion  State  Normal  School,'  and  said  board  to  succeed  the  Board 
of  Trustees  appointed  under  the  original  Section  2  of  'An  act  to 
establish  a  State  Normal  School  at  Albion  *  *  *»  approved  on 
the  14th  day  of  February,  1899,  whose  terms  of  service  expire 
March  5,  1905,  or  as  soon  thereafter  as  their  successors  qualify." 

PROVIDED,  That  nothing  in  this  act  shall  be  so  construed  as  to 
interfere  in  any  way  with  the  powers,  rights  and  duties  of  the  Board 
of  Trustees  whose  terms  expire  on  March  5,  1905,  or  as  soon  there- 
after as  their  succesors  have  qualified. 

PROVIDED,  That  nothing  in  this  act  shall  be  construed  to  repeal 
an  act  entitled  "An  act  making  the  State  Superintendent  of  Public 
Instruction  a  member  of  the  Board  of  Trustees  of  *  *  *  the 
Albion  State  Normal  School,"  approved  on  the  10th  day  of  March, 
1903. 

The  Board  of  Trsutees  which  shall  be  appointed  to  begin  its 
duties  on  March  5,  1905,  or  as  soon  thereafter  as  its  members  shall 
qualify,  shall  be  appointed  by  the  Governor  of  the  State  of  Idaho  by 
and  with  the  consent  of  the  Senate  for  their  respective  terms  of 
office  which  shall  be,  two  trustees  for  two  years,  two  trustees  for 
four  years,  and  two  trustees  for  six  years,  and  their  successors  shall 
be  appointed  for  the  term  of  six  years  by  the  Governor  of  the  State 
of  Idaho  by  and  with  the  advice  and  consent  of  the  Senate. 

(1905  L.  130.) 

Note.     Act  of  14  February,  1899. 

Above.      1899  L.  228,  supra. 

Act  of  10  March,  1903;   1903  L.  222,  supra. 

.   Qualification  of  Board. 

1.  Before  entering  upon  the  ciuties  of  their  office  each 
of  said  trustees  except  the  State  Superintendent  of  Public 
Instruction  shall  take  and  subscribe  an  oath  and  affirma- 
tion before  some  person  duly  authorized  to  administer 
the  same,  that  he  will  support  the  constitution  of  the 
United  States  and  the  State  of  Idaho  and  will  faithfully 
and  impartially  discharge  the  duties  of  the  office  of  trus- 
tee of  the  Albion  State  Normal  School,  which  oath  or  af- 
firmation shall  be  filed  in  the  office  of  the  Secretary  of 
State. 

(1893  L.  180,  Sec.  2.) 


74  IDAHO  EDUCATIONAL  INSTITUTIONS 

2.  Before  entering  upon  the  duties  of  their  office,  each 
of  said  trustees  shall  take  and  subscribe  an  oath  or  af- 
firmation that  he  will  support  the  Constitution  of  the 
United  States  and  the  Constitution  and  laws  of  the  State 
of  Idaho,  and  will  faithfully  and  impartially  discharge 
the  duties  of  said  office,  which  oath  or  affirmation  shall  be 
signed  in  the  office  of  the  Secretary  of  State. 

(1897  L.  43,  Sec.  2.) 

3.  Readoption  of  1897  Laws  43 :2,  supra. 

(Readoption  of  1897  L.  43,  supra.) 
(1899  L.   228,  Sec.  2.) 

4.  Readoption  in  substance  of  1897  Laws  43,  and  1899 
Laws  228,  Sec.  2,  supra. 

(1905  L.  130,  Sec.  2.) 

VI.  Vestment  of  Title  and  Powers. 

1.  All  the  rights,  powers,  duties  and  title  to  real  estate 
or  personal  property  belonging  to  or  vested  in  the  said 
Albion  State  Normal  School  are  hereby  vested  in  the 
trustees  of  said  school  herein  provided  for. 

(C.  L.  Sec.  518.) 

2.  All  rights,  powers  and  duties,  and  titles  to  real  es- 
tate or  personal  property  belonging  to  or  vested  in  the 
present  Board  of  Trustees  of  the  Albion  State  Normal 
School  are  hereby  transferred  to  and  vested  in  the  Board 
of  Trustees  of  the  Albion  State  Normal  School  hereby 
created. 

(1897  L.  43,  Sec.  3.) 

3.  Identical  to  C.  L.  Sec.  518,  supra. 

(1899  L.  229,  Sec.  3.) 

VII.  Proceedings  and  Officers  of  Board. 

1.  The  said  Board  of  Trustees  may  conduct  its  pro- 
ceedings in  such  manner  as  will  best  conduce  to  the 
proper  dispatch  of  business.  A  majority  of  the  Board 
of  Trustees  shall  constitute  a  quorum  for  the  transaction 
of  business,  but  a  less  number  may  adjourn  from  time  to 
time.  No  member  of  said  Board  of  Trustees  shall  par- 
ticipate in  any  proceeding  in  which  he  has  any  pecuniary 
interest.  Every  vote  and  official  act  of  said  Board  of 
Trustees  shall  be  entered  of  record.  Said  Board  of  Trus- 
tees shall  have  an  official  seal,  which  shall  be  judicially 
noticed.  Said  Board  of  Trustees  may  sue  and  be  sued. 
No  vacancy  in  the  Board  of  Trustees  shall  impair  the 
right  of  the  remaining  trustees  to  exercise  all  the  powers 
of  the  said  Board  of  Trustees.  At  their  first  meeting,  and 
annually  thereafter,  the  said  Board  of  Trustees  shall  elect 
from  their  number  a  president  and  secretary.  The 
State  Treasurer  shall  be  ex-officio  treasurer  of  said  Board 


IDAHO  EDUCATIONAL  INSTITUTIONS  75 

of  Trustees.  It  shall  be  the  duty  of  the  secretary  to  keep 
an  exact  and  detailed  account  of  the  doings  of  said  board, 
and  an  itemized  account  of  all  expenditures  authorized  by 
the  board. 

(C.  L.  Sec.  519.) 

Original.      1893  L.  181,  Sec.  3. 

Re-enacted.     1899  L.  229,  Sec.  4. 

Note.  Orig-inal  and  re-enactment  are  identical  witii  C.  L. 
Sec.  519  in  all  material  features. 

Decision.  The  Board  of  Trustees  may  sue  and  be  sued  but 
only  in  the  supreme  court  (Sec.  10,  Art.  V,  Constitution)  in  an 
original  proceeding-  whenever  the  action  involves  a  claim  against 
the   State. 

(Thomas  vs.  State,  16  I.  81;  100  P.  761.) 

VIII.  Control  and  Construction  of  Buildings. 

1.  The  said  Board  of  Trustees  are  hereby  authorized, 
and  it  is  made  their  duty,  to  take  and  at  all  times  to  have 
general  supervision  and  control  of  all  buildings  and  prop- 
erty appertaining  to  said  normal  school,  and  to  have  gen- 
eral charge  and  control  of  the  construction  of  all  build- 
ings to  be  built.  They  shall  have  power  to  let  contracts 
for  building  and  completion  of  any  such  buildings,  and 
the  entire  supervision  of  their  construction. 

(C.  L.  Sec.  520.) 

Original.      189  3  L.  181,  Sec.   4. 

Re-enacted.      1899  L.  229,  Sec.   5. 

IX.  Control  of  Funds. 

1.  All  funds  appropriated  for  the  use  and  benefit  of 
said  normal  school,  from  every  source,  including  the  pro 
rata  share  of  the  available  proceeds  of  sales  of  lands 
granted  by  the  government  of  the  United  States  to  the 
State  of  Idaho  for  the  establishment  and  maintenance 
of  State  normal  schools  due  to  said  normal  school,  shall 
be  under  the  direction  and  control  of  the  said  Boarci  of 
Trustees  subject  to  the  provision  herein  contained. 

(C.  L.  Sec.  521.) 

Orig-inal.      1893  L.  181,  Sec.  5. 

Re-enacted.      1899  L.  229,  Sec.  6. 

X.  Disbursement  of  Funds. 

1.  The  treasurer  of  the  Board  of  Trustees  shall  pay 
out  of  such  funds  all  orders  or  drafts  for  money  to  be  ex- 
pended under  the  provisions  of  this  chapter.  Such  or- 
ders or  drafts  shall  be  drawn  by  the  State  Auditor  on 
certificates  of  the  secretary,  countersigned  by  the  presi- 
dent of  the  said  Board  of  Trustees,  and  approved  by  the 
State  Board  of  Examiners.  No  such  certificates  shall  be 
given  except  on  accounts  audited  and  allowed  by  said 
Board  of  Trustees. 

(C.  L.   Sec.   521.) 

Original:     1893  L.  181,  Sec.  5. 

Re-enacted:     1899  L.  2  30,  Sec.  6. 


76  IDAHO  EDUCATIONAL  INSTITUTIONS 

XI.  Meetings  of  Board. 

1.  The  Board  of  Trustees  shall  hold  two  regular  meet- 
ings annually  at  the  said  town  of  Albion,  but  special  meet- 
ings may  be  called  by  the  president  of  the  board  by  send- 
ing written  notice  of  at  least  ten  days  to  each  member. 

(1893  L.  182,  Sec.  6.) 
Re-adopted:     1899  L.  230,  Sec.  7. 

XII.  Election  and  Removal  of  Principal  and  Teachers. 
1.  The  Board  of  Trustees  shall  have  power  to  elect  a 

principal  and  all  other  teachers  that  may  be  deemed  nec- 
essary, to  fix  the  salaries  of  the  same  and  to  prescribe 
their  duties.  They  shall  have  power  to  remove  either  the 
principal,  assistant,  or  teachers,  and  appoint  others  in 
their  stead. 

(C.  L.  Sec.  523.) 

Original:     1893  L.  182,  Sec.  7. 

Re-enactment:     1899  L.  230,  Sec.  8. 

XIII.  Courses — Graduation — Certificates — Diplomas. 

1.  It  shall  be  the  duty  of  the  Board  of  Trustees  to  pre- 
scribe the  course  of  study,  and  the  time,  and  standard,  of 
graduation,  and  to  issue  such  certificates  and  diplomas  as 
may  from  time  to  time  be  deemed  suitable.  These  cer- 
tificates and  diplomas  shall  entitle  the  holders  to  teach  in 
the  public  schools  in  any  county  in  this  State  for  the  time 
and  in  the  grade  specified  in  the  certificate  or  diploma. 

(C.  L.  Sec.   524.) 

Original:     1893  L.  182,  Sec.  8. 

Re-enacted:     1899  L.  230,  Sec.  9. 

2.  Board  Order, 

THIRD  GRADE  NORMAL  SCHOOL  CERTIFICATE. 
A  third  grade  certificate,  good  for  one  year  and  not  renewable, 
may  be  issued  by  the  normal  school  to  a  graduate  of  an  accredited 
high  school  who  shall  have  satisfactorily  passed  the  examination  re- 
quired for  a  third  grade  certificate  and  shall  have  obtained  satis- 
factory standings  in  nine  weeks'  work  in  either  one  of  the  State 
normal  schools. 

SECOND  GRADE  NORMAL  SCHOOL  CERTIFICATES. 
The  holder  of  a  third  grade  certificate,  who  has  taught  success- 
fully upon  it  at  least  18  weeks,  may  obtain  a  second  grade  certifi- 
cate after  having  obtained  satisfactory  standings  on  nine  weeks' 
work  in  either  of  the  State  normal  schools.  This  certificate  is  good 
for  one  year  and  is  renewable  once  only. 

FIRST  GRADE  NORMAL  SCHOOL  CERTIFICATE. 
A  first  grade  normal  school  certificate,  good  for  three  years  and 
not  renewable,  may  be  issued  to  the  holder  of  a  second  grade  nor- 
mal school  certificate  who  shall  have  obtained  satisfactory  standings 
on  eighteen  weeks'  additional  work  in  either  of  the  State  normal 
schools,  or  to  the  graduates  of  accredited  high  schools  who  shall 
have  satisfactorily  completed  a  one-year  professional  course  for 
teachers. 

NORMAL   SCHOOL  LIFE   DIPLOMA. 
Upon  completion  of  the  prescribed  two-year  course  beyond  high 
school  graduation,  a  diploma,  which  is  a  life  certificate  in  the  State 


IDAHO  EDUCATIONAL  INSTITUTIONS  77 

of  Idaho,  shall  be  issued  by  the  respective  State  normal  schools. 
The  holder  of  a  first  grade  normal  school  certificate,  who  shall  have^ 
satisfactorily  completed  a  prescribed  course  of  36  weeks  additional 
in  the  State  normal  school,  shall  be  entitled  to  graduation  with  a 
normal  school  life  diploma. 

To  be  valid,  all  the  above  certificates  and  diplomas  must  be  signed 
by  the  president  of  the  State  Board  of  Education,  the  president  of 
the  normal  school  issuing  it,  and  be  countersigned  by  the  Commis- 
sioner of  Education. 

XIV.  Textbooks  and  Equipment. 

1.  The  Board  of  Trustees  shall  prescribe  the  textbooks, 
apparatus  and  furniture,  and  provide  the  same,  together 
with  all  necessary  stationery  for  the  use  of  pupils. 

(C.  L.  Sec.  525.) 

Original:     1893  L.  182,  Sec.  9. 

Re-enacted:     189  9  L.  230,  Sec.  10. 

XV.  Training  and  Model  Schools. 

1.  The  Board  of  Trustees  shall,  when  deemed  expedi- 
ent, establish  and  maintain  a  training  or  model  school  or 
schools  in  which  the  pupils  of  the  normal  school  shall  be 
required  to  instruct  classes,  under  the  supervision  and 
direction  of  experienced  teachers. 

(C.  L.  Sec.  526.) 

Original:     1893  L.  180,  Sec.  10. 

Re-enacted:     1899  L.  230,  Sec.  11. 

XVI.  Admission  and  Qualification  of  Resident  Pupils. 
1.  The  Board  of  Trustees  shall  ordain  such  rules  and 

regulations  for  the  admission  of  pupils  to  said  normal 
school  as  they  shall  deem  necessary  and  proper.  All 
classes  may  be  admitted  into  the  said  normal  school  who 
are  admitted  without  restriction  into  the  public  schools 
of  the  State :  PROVIDED,  The  applicant,  if  a  male,  must 
be  not  less  than  16  years  of  age,  or  if  a  female,  not  less 
than  15  years  of  age.  Applicants  must  also  present  letters 
of  recommendation  from  the  County  Superintendent  of 
Public  Instruction  of  the  county  in  which  they  reside, 
certifying  to  their  good  moral  character  and  their  fitness 
to  enter  the  normal  school.  Before  entering,  all  applicants 
must  sign  the  following  declaration :  "We  hereby  declare 
that  our  purpose  in  entering  the  Albion  State  Normal 
School  is  to  fit  ourselves  for  the  profession  of  teaching, 
and  that  it  is  our  intention  to  engage  in  teaching  in  the 
public  schools  of  this  State." 

(C.  L.  Sec.  527.) 

Original:     1893  L.  182,  Sec.  11. 

Re-enacted:     1899  L.  230,  Sec.  12. 

XVII.  Same — Nonresident  Pupils. 

1.  Pupils  from  other  States  and  Territories  may  be  ad- 
mitted to  all  the  privileges  of  said  normal  school  on  pre- 
senting letters  of  recommendation  from  the  executive  or 


78  IDAHO  EDUCATIONAL  INSTITUTIONS 

State  School  Superintendent  thereof,  and  paying  such  tu- 
ition fee  as  the  Board  of  Trustees  may  prescribe.  Each 
of  such  pupils  must  sign  the  following  declaration:  "I 
hereby  declare  that  my  purpose  in  entering  the  Albion 
State  Normal  School  is  to  fit  myself  for  the  profession  of 
teaching/' 

(C.  L.  Sec.  528.) 

2.  Original:  Pupils  from  other  states  and  territories  may  be  ad- 
mitted to  all  the  privileges  of  the  said  normal  school  on  presenting 
letters  of  recommendation  from  the  executive  or  state  school  super- 
intendent thereof,  and  the  payment  of  $100.  Pupils  from  other 
states  shall  not  be  required  to  sign  the  declaration  made  in  the  fore- 
going section. 

(1893  L.  183,  Sec.  12.) 

3.  Amendment:  Amends  original  section  (1893  L.  183)  resulting 
in  present  C.  L.  Sec.  528,  supra. 

1895  L.  19.) 

Re-enacted:     1899  L.  230,  Sec.  13. 

XVIII.  Lecture  Courses. 

1.  Lectures  in  chemistry,  comparative  anatomy,  the 
mechanical  arts,  agricultural  chemistry,  and  any  other 
science,  or  any  other  branch  of  literature  that  the  Board 
of  Trustees  may  direct,  may  be  delivered  to  those  attend- 
ing such  school,  in  such  manner  and  on  such  conditions  as 
the  Board  of  Trustees  may  prescribe. 

(C.  L.  Sec.  529.) 

Original:     1893  L.  183,  Sec.  13. 

Re-enacted:     1899  L.  231,  Sec.  14. 

XIX.  Expenses  of  Board. 

1.  "The  actual  and  necessary  personal  expenses  in- 
curred by  the  members  of  said  Board  of  Trustees  in 
carrying  out  the  provisions  of  this  act  shall  be  paid  on  the 
proper  certificate  out  of  any  funds  belonging  to  said  nor- 
mal school  in  the  hands  of  the  treasurer. 

(1893  L.  183,  Sec.  14.) 
Re-adopted:     1899  L.  231,  Sec.  15. 

XX.  Vacancy  in  Board. 

1.  It  shall  be  the  duty  of  the  Governor  of  the  State  to 
fill  by  appointment  all  vacancies  that-  may  from  any 
cause  occur  in  the  said  Board  of  Trustees. 

(1893  L.   183,  Sec.   15.) 
Re-adopted:     1899  L.  231,  Sec.  16. 

XXI.  Report  Expenditures — Submit  Recommendations. 
1.  The  president  and  secretary  of  the  said  Board  of 

Trustees  shall  on  the  first  days  of  January  and  July  of 
each  year,  transmit  to  the  Governor  of  the  State  a  full 
report  of  the  doings  of  the  said  Board  of  Trustees,  the 
progress  and  condition  of  the  said  normal  school  together 
with  a  full  report  of  the  expenditures  of  the  same  for  the 
previous  six  months,  setting  forth  each  item  in  full  and 


IDAHO  EDUCATIONAL  INSTITUTIONS  79 

the  date  thereof  and  such  recommendations  as  they  deeni 
proper  for  the  good  of  said  normal  school. 

(1893  L.  183,  Sec.  16.) 
Re-adopted:     1899  L.  231,  Sec.  17. 

XXII.  Supervision   of   Pupils — Nonsectarian  Institu- 
tion. 

1.  The  Board  of  Trustees  in  their  regulations,  and  the 
principal  and  assistant  in  their  supervision  and  govern- 
ment of  the  said  school,  shall  exercise  a  watchful  guard- 
ianship over  the  morals  of  the  pupils  at  all  times  during 
their  attendance  upon  the  same,  but  no  religious  or  sec- 
tarian test  shall  be  applied  in  the  selection  of  teachers, 
and  none  shall  be  adopted  by  the  said  school. 

(C.  L.  Sec.  532.) 
Original:     1893  L.  183,  Sec.  17. 
Re-adopted:     1899  L.  231,  Sec.  18. 

Note:     "By"  inserted  for  "in"  in  the  last  phrase  of  C.  L.  Sec, 
532. 

B.      Endow^ment 

I.  Normal  School  Grant. 

1.  To  the  State  of  Idaho:  for  state  normal  schools, 
100,000  (acres). 

(Sec.  11,  26  S.  215;  Admission  Bill.) 

2.  In  lieu  of  grants  (see  Art.  II-B-II-2,  supra.) 

(Sec.   11,  26  S.   215.) 

II.  Apportionment. 

1.  Original. 

All  funds  *  *  *  including  the  pro  rata  share 
of  the  available  proceeds  of  sales  of  lands  granted  by 
the  Government  of  the  United  States  to  the  State  of 
Idaho  for  the  establishment  and  maintenance  of  State 
normal  schools  due  to  said  normal  school  shall  be  un- 
der the  direction  and  control  of  the  said  Board  of 
Trustees  subject  to  the  provisions  herein  contained. 

(1893  L.  181,  Sec.  5.) 
Re-enacted:     1899  L.  230,  Sec.  6. 
(C.  L.  Sec.  521.) 

2.  Normal  School  Fund. 

a.  Created.  A  fund  which  shall  be  known  as  the 
normal  school  fund  is  hereby  created  and  established. 
All  moneys  now  in,  or  credited  to,  that  certain  fund 
designated  on  the  books  in  the  offices  of  the  State 
Auditor  and  the  State  Treasurer  as  the  normal  school 
fund  and  all  moneys  which  may  accrue  from  the  in- 
vestment of  the  proceeds  of  the  sale  of  any  of  the 


80  IDAHO  EDUCATIONAL  INSTITUTIONS 

lands  granted  to  the  State  of  Idaho  by  the  United 
States  Government  under  the  provisions  of  the  act  of 
Congress  of  July  3,  1890,  entitled  "An  act  to  provide 
for  the  admission  of  the  State  of  Idaho  into  the 
Union,"  for  State  normal  schools  or  of  any  of  the 
timber  growing  thereon  and  also  any  and  all  moneys 
which  may  be  received  on  account  of  any  rentals 
charged  for  the  use  of  any  of  such  lands  and  all 
moneys  which  may  be  received  by  the  State  Treas- 
urer on  account  of  interest  upon  deferred  payments 
on  such  of  said  lands  as  may  have  been  sold  by  the 
State,  shall  be  credited  to,  placed  in  and  constitute 
the  said  normal  school  fund. 

(C.  L.  43:1.) 

Original:  1905  L.  393,  Sec.  1. 

b.  Limitation  on  Expenditure.  No  moneys  shall 
ever  be  appropriated  out  of  the  said  normal  school 
fund  for  any  purpose  whatsoever  other  than  the  sup- 
port and  maintenance  of  the  Albion  State  Normal 
School  and  the  Lewiston  State  Normal  School,  and 
that  not  more  than  one-half  of  all  the  moneys  accru- 
ing to  the  said  fund  shall  ever  be  appropriated  for 
the  support  and  maintenance  of  either  of  such 
schools. 

(C.  L.  43:1.) 

(1905  L.  393,  Sec.  2.) 

c.   Apportionment  to  Albion. 

(1)  Original.  "That  perpetually  from  and  af- 
ter the  first  day  of  January,  1907,  one-half  of  all 
moneys  which  may  accrue  to  the  said  normal 
school  fund  shall  be  and  the  same  are  hereby  ap- 
propriated and  set  apart  for  the  support  and  main- 
tenance of  the  said  Albion  State  Normal  School 
and  that  the  same  shall  be  and  they  are  hereby 
made  available  for  such  purpose  immediately  upon 
their  being  credited  to  the  said  fund. 

(1905  L.  393,  Sec.  4.) 

(2)  Code.  One-half  of  all  moneys  which  may 
accrue  to  the  said  normal  school  fund  are  perpet- 
ually appropriated  and  set  apart  for  the  support 
and  maintenance  of  the  Albion  State  Normal 
School,  the  same  to  be  available  for  such  purpose 
immediately  upon  their  being  credited  to  the  said 
fund. 

(C.  L.  43:3;  1905  L.  393.) 

3.  Decisions. 

a.  The  appropriation  made  by  Section  4,  1905  L. 
393  and  readopted  by  Revised  Code  Sec.  17,  subdi- 


IDAHO  EDUCATIONAL  INSTITUTIONS  81 

vision  66,  is  continuing  and  perpetual  until  amended 
or  repealed  by  the  Legislature. 

Evans  vs.  Huston,  27  I.  559,  150  P.  14. 

b.  The  balance,  remaining  in  the  normal  school 
fund  at  the  close  of  a  biennium  is  available  for  the 
expenses  of  the  beneficiary  during  the  ensuing  bien- 
nium. 

Evans  vs.  Huston,  supra. 

C.      Title  to  Original  Campus  Site. 

I.  "Five  acres  of  lot  3,  Sec.  6,  T.  12  S.,  R.  25  E.,  together 
with  a  permanent  water  right  therefor  *  *  *  by  a 
good  and  perfect  title  in  fee  simple  *  *  *  jj^  trust  and 
for  the  use  of  said    *    *    *    school." 

(1893  L.  179.) 
Re-adopted:     1899  L.   229. 

II.  "That  before  the  bonds  provided  for  in  this  act  shall  be 
sold  or  the  funds  *  *  *  therefrom  can  be  used  *  *  * 
title  to  the  property  upon  which  said  Albion  State  Norma] 
School  is  located  *  *  *  :  5  acres  of  lot  3,  Sec.  6,  T.  12  S., 
R.  25  E.,  Cassia  county,  Idaho,  together  with  a  perma- 
nent water  right  therefor  and  heretofore  granted  by  J.  E. 
Miller  to  the  trustees  of  the  *  *  *  school,  shall  be 
*  *  *  vested  in  the  board  *  *  *  in  trust  and  for 
the  use  of  said  school  by  good  and  sufficient  title  in  fee 
simple. 

(1901  L.  78.) 

D.      Bonds. 

1.  $75,000.00  bond  issue  "for  the  purpose  of  providing 
money  for  the  support  and  maintenance  of  normal  school  of 
the  State  of  Idaho  located  at  Albion  *  *  *  and  Lewiston 
*  *  *  and  for  the  construction  and  repair  of  buildings 
for  the  use  of  said  schools  *  *  *".  ($37,500.00  to  Albion) 
secured  on  the  faith  and  credit  of  the  State  and  normal 
school  grant  and  timber  thereon. 

(1895  L.   64.) 
Refunded:  1905  L.  2  80.) 

2.  $13,000  bond  issue  "for  the  purpose  of  completing  the 
present  building  and  for  the  erection  of  two  dormitories  for 
the  Albion  State  Normal  School'*  secured  on  the  proceeds  of 
the  normal  school  lands  and  timber  thereon. 

(1901  L.  74.) 
Refunded:  1905  L.  280.) 

3.  $12,000  bond  issue  "for  the  purpose  of  completing  the 
buildings,  increasing  the  water  supply,  increasing  the  equip- 
ment, and  making  certain  improvements  for  the  Albion 
State  Normal  School"  secured  on  the  faith  and  credit  of  the 


82  IDAHO  EDUCATIONAL  INSTITUTIONS 

State  and  on  the  lands  granted  said  school  by  1893  L.  179. 

(1903  U  208.) 
Refunded:  1905  L.  280.) 

4.  $30,000  bond  issue  "for  the  purpose  of  erecting  a  dor- 
mitory and  furnishing  the  same  for  the  Albion  State  Normal 
School"  secured  upon  the  faith  and  credit  of  the  State. 

1905  L.  214.) 
Refunded:  1905  L.  280.) 

5.  $21,000  bond  issue  "for  the  purpose  of  providing  mon- 
eys (inter  alia)  for  repairs  on  the  buildings  of  the  Albion 
State  Normal  School  ($2500)  secured  upon  ad  valorem  tax. 

(1905  L.  400.) 

6.  $20,000  bond  issue  "for  the  purpose  of  completing  the 
girls'  dormitory  and  for  erecting  a  building  to  be  used  as  a 
model  school  building  and  gymnasium  for  the  Albion  State 
Normal  School  secured  upon  the  faith  and  credit  of  the  State 
and  ad  valorem  tax. 

(1907  L.  228.) 
Refunded:  1907  L.  260. 

7.  $36,000  bond  issue  "for  the  purpose  of  building  and 
equipping  a  gymnasium  for  the  Albion  State  Normal  School 
secured  on  the  faith  and  credit  of  the  State  and  on  ad  val- 
orem tax, 

(1909  L.  426.) 
Refunded:  1909  L.  305. 

E.      Special  Fund. 

I.  Maintenance  Fund. 

1.  To  be  augmented  by  transfer  thereto  of  residue  of 
"bond  deficiency  fund  1901." 

(1903  L.   427.) 

ARTICLE  Vn. 

THE  IDAHO  TECHNICAL  INSTITUTE 
A.      Creation  and  Establishment. 

I.  Creation  and  Location. 

1.  Code.  A  school  which  shall  be  called  the  Idaho 
Technical  Institute  is  hereby  established  in  the  city  of 
Pocatello,  Idaho. 

(C.  L.  Sec.  545.) 

2.  Original.  "That  a  school  which  shall  be  called  the  Academy 
of  Idaho  is  hereby  established  at  the  city  of  Pocatello,  Idaho." 

(1901  L.  17,  Sec.  1.) 

3.  Amendment. 

a.  That  the  educational  institution  located  at  Pocatello, 
Idaho,  and  now  known  as  the  Academy  of  Idaho  shall  after  the 
passage  and  approval  of  this  act  be  known  and  designated  as 
"The  Idaho  Technical  Institute." 

That  the  holdings,  rights,  privileges,  and  immunities  and  obli- 
gations of  the  Academy  of  Idaho  be  and  the  same  are  hereby 


IDAHO  EDUCATIONAL  INSTITUTIONS  83 

transferred  to  and  continued  in  the  Idaho  Technical  Institute. 

(1915  L.  84,  Sees.  1  and  2.) 
b.  A  school  which  shall  be  called  the  Idaho  Technical  Insti- 
tute is  hereby  established  in  the  city  of  Pocatello,  Idaho. 

(1915  L.  84,  Sec.  3.) 

II.  Purpose. 

1.  Code.  The  purpose  shall  be  the  giving  of  instruc- 
tion in  such  vcvcational,  scientific,  literary  and  technical 
subjects  as  will  meet  the  educational  needs  of  the  stu- 
dents enrolled. 

Provided,  That  the  course  shall  include  two  years  and 
not  more  than  two  years  of  college  grade,  and  such  work 
below  college  grade  as  the  conditions  of  the  educational 
system  of  the  State  render  desirable. 

Provided  further,  That  no  course  offered  shall  exceed 
in  scope  the  first  two  years  of  college  work  as  prescribed 
for  the  University  of  Idaho. 

(C.  L.  Sec.  545.) 
(1915  L.  84,  Sec.  3.) 

2.  Original.  The  purpose  shall  be  the  teaching  of  all  the  branches 
commonly  taught  in  academies,  including  also  the  various  studies 
pertaining  to  a  good  common  school  education  and  such  special 
courses  as  are  usually  taught  in  business  colleges. 

(1901  L.  17,  Sec.  1.) 

III.  Site. 

1.  Original.  Provided,  That  prior  to  May  1,  1901,  the 
citizens  of  Pocatello  shall  cause  to  be  donated  to  the 
Board  of  Trustees  hereinafter  created  as  a  site  for  the 
use  of  said  academy,  two  blocks  of  land  adjacent  to  each 
other,  within  the  townsite  of  said  city  of  Pocatello,  and 
shall  cause  the  same  to  be  conveyed  by  a  good  and  suffi- 
cient deed  in  fee  simple  to  said  Board  of  Trustees  who 
are  hereby  authorized  and  empowered  to  receive  and  hold 
the  same  in  trust  for  the  use  and  benefit  of  said  acad- 
emy. 

Provided  further.  That  before  this  action  shall  become 
a  law  or  become  operative,  the  citizens  of  Pocatello  shall 
convey  in  fee  simple  the  two  blocks  of  ground  as  provided 
for  in  this  section  of  this  act  to  the  Board  of  Trustees  of 
the  Academy  of  Idaho.  The  conveyance  herein  provided 
for  to  be  subject  to  the  approval  of  the  Attorney  General, 
whose  approval  is  a  compliance  with  this  provision. 

(1901  L.  17,  Sec.  1.) 

2.  Supplement.  Appropriation  of  $30,000  for  the  purchase  of  ad- 
ditional lands  for  site  for  technical  institute. 

(1919  L.   410,  ch.   124.) 

IV.  Trustees. 

1.  Code.  The  general  supervision,  government  and 
control  of  the  Idaho  Technical  Institute  is  vested  in  the 


84  IDAHO  EDUCATIONAL  INSTITUTIONS 

State  Board  of  Education,  which  shall  act  as  the  Board 
of  Trustees  of  the  Idaho  Technical  Institute. 

(C.  L.  Sec.   546.) 

Note:  Based  on  C.  L.  38:1  and  38:3,  substituting  "State  Board 
of  Education"  for  "Board  of  Trustees  of  Idaho  Technical  In- 
stitute." 

2.  Original. 

a.  That  a  non-partisan  board  of  trustees  to  be  known  as  "The 
Board  of  Trustees  of  the  Academy  of  Idaho,"  consisting-  of  six 
(6)  members,  no  more  than  three  (3)  of  whom  shall  be  of  the 
same  political  party,  is  hereby  created  for  the  management  and 
control  of  the  said  academy.  Said  trustees  shall  be  appointed 
by  the  Governor  by  and  with  the  advice  and  consent  of  the 
Senate  for  terms  of  six  years,  and  until  their  successors  are 
appointed  and  qualified;  PROVIDED,  That  of  the  first  board 
appointed,  two  members  shall  be  appointed  for  two  years,  two 
members  for  four  years,  and  two  members  for  six  years. 

(1901  L.  18,  Sec.  2.) 

b.  That  for  the  purpose  of  prescribing  a  course  of  study,  but 
for  that  purpose  only,  the  president  of  the  State  university  and 
the  State  Superintendent  of  Public  Instruction  shall  be  ex-offlcio 
members  of  the  Board  of  Trustees. 

(1901  L.  20,  Sec.  9.) 

V.  Same — Qualification  of. 

1.  Original.  "Before  entering  upon  the  duties  of  their 
office,  each  of  said  trustees  shall  take  and  subscribe  an 
oath  or  affirmation  that  he  will  support  the  Constitution 
of  the  United  States  and  the  Constitution  and  laws  of  the 
State  of  Idaho  and  will  faithfully  and  impartially  dis- 
charge the  duties  of  said  office,  which  oath  or  affirmation 
shall  be  filed  in  the  office  of  the  Secretary  of  State. 

(1901  L.  18,  Sec.  2.) 

VI.  Vestment  of  Title  and  Powers. 

1.  Code.  All  rights  in  and  title  to  real  estate  or  per- 
sonal property  belonging  to  or  vested  in  said  institute  are 
hereby  vested  in  said  Board  of  Trustees. 

(C.  L.  Sec.  547.) 

2.  Original.     Same  except  "academy"  instead  of  "institute." 

(1901  L.  18,  Sec.  3.) 

3.  Transitory.  That  the  holdings,  rights,  privileges,  and  immuni- 
ties and  obligations  of  the  Academy  of  Idaho  be  and  the  same  are 
hereby  transferred  to  and  continued  in  the  Idaho  Technical  Institute. 

(1915  L.  84,  Sec.  2.) 

VII.  Proceedings  and  Officers  of  Board. 

1.  Code.  The  said  Board  of  Trustees  may  conduct  its 
proceedings  in  such  manner  as  will  best  conduce  to  the 
proper  dispatch  of  business.  A  majority  of  the  Board  of 
Trustees  shall  constitute  a  quorum  for  the  transaction 
of  business,  but  a  smaller  number  may  adjourn  from  time 
to  time.  No  member  of  said  Board  of  Trustees  shall  par- 
ticipate in  any  proceedings  in  which  he  has  any  pecuniary 
interest.  Every  vote  and  official  act  of  said  Board  of 
..  Trustees  shall  be  entered  of  record.    Said  Board  of  Trus- 


IDAHO  EDUCATIONAL  INSTITUTIONS  85 

tees  shall  have  an  official  seal  which  shall  be  judicially 
noticed.  Said  Board  of  Trustees  may  sue  and  be  sued. 
No  vacancy  in  the  Board  of  Trustees  shall  impair  the 
right  of  the  remaining  trustees  to  exercise  all  the  powers 
of  said  Board  of  Trustees.  At  their  first  meeting  and  an- 
nually thereafter,  the  said  board  shall  elect  from  their 
number  a  president  and  a  secretary.  The  State  Treasurer 
shall  be  ex  officio  treasurer  of  said  Board  of  Trustees. 
It  shall  be  the  duty  of  the  secretary  to  keep  an  exact  and 
detailed  account  of  the  doings  of  said  board,  and  an  item- 
ized account  of  all  the  expenditures  authorized  by  said 
board. 

(C.  L.  Sec.  548.) 
2.  Original.     1901  L.  18,  Sec.  4,  identical. 

VIII.  Control  of  Buildings  and  Construction. 

1.  Code.  The  said  Board  of  Trustees  are  hereby  au- 
thorized, and  it  is  made  their  duty,  to  take  and  at  all 
times  to  have  general  supervision  and  control  of  all  build- 
ings and  property  appertaining  to  said  institute,  and  to 
have  general  charge  and  control  of  the  construction  of  all 
buildings  to  be  built.  They  shall  have  power  to  let  con- 
tracts for  building  any  such  buildings,  and  also  the  entire 
supervision  of  their  construction. 

(C    L.   Sec    5  49  ) 

2.  Original.     1901  L.  19,  Sec.  5,  identical. 

IX.  Funds — Control  of. 

1.  Code.  All  funds  appropriated  for  the  use  and  ben- 
efit of  said  institute,  from  every  source,  including  the 
available  proceeds  from  the  sales  of  said  land,  and  the 
sale  of  bonds  provided  for  said  institute,  shall  be  under 
the  control  and  direction  of  said  Board  of  Trustees,  sub- 
ject to  the  provisions  herein  contained. 

(C.  L.  Sec.   551.) 

2.  Ori^nal.     1901  L.  19,  Sec.  7,  identical. 

Note:  "Including-  the  available  proceeds  from  the  sales  of 
said  land"  in  Section  551,  C.  L.  supra,  relates  to  the  apportion- 
ment of  40,0  00  acres  of  the  "other  State,  charitable,  educa- 
tional, penal,  and  reformatory  institutions"  grant  to  the  benefit 
of  the  Academy  of  Idaho. 

(1901  L.   19,  Sec.  6.) 

(C.  L.   45:1.) 

X.  Funds — Disbursement  of. 

1.  Code.  The  treasurer  of  the  Board  of  Trustees  shall 
pay  out  of  such  funds  all  orders  or  drafts  for  money  to  be 
expended  under  the  provisions  of  this  chapter.  Such  or- 
ders or  drafts  shall  be  drawn  by  the  State  Auditor  upon 
certificates  of  the  secretary,  countersigned  by  the  presi- 
dent of  said  Board  of  Trustees,  and  approved  by  the  State 
Board  of  Examiners.    No  such  certificates  shall  be  given 


86  IDAHO  EDUCATIONAL  INSTITUTIONS 

except  on  accounts  audited  and  allowed  by  said  Board  of 
Trustees. 

(C.  L,.  Sec.  551.) 
2.  Original.     1901  L.  19,  Sec.  7,  identical. 

XI.  Trustees — Meeting  of. 

1.  Original.  The  Board  of  Trustees  shall  hold  two 
regular  meetings  annually  at  the  city  of  Pocatello,  but 
special  meetings  may  be  called  by  the  president  of  the 
board  by  sending  written  notice  of  at  least  ten  days  to 
each  member. 

(1901  L.  20,  Sec.  8.) 

XII.  Principal  and  Teachers — Election  and  Romoval. 

1.  Code.  The  Board  of  Trustees  shall  have  power  to 
elect  a  principal  and  all  other  teachers  that  may  be  deemed 
necessary,  to  fix  the  salaries  of  the  same,  and  to  prescribe 
their  duties.  They  shall  have  power  to  remove  the  prin- 
cipal or  teachers  and  appoint  others  in  their  stead. 

(C.  L.  Sec.  553.) 

2.  Original.     1901  L.  20,  Sec.  9,  identical. 

XIII.  Courses — Graduation — Certificates — ^Diplomas. 
1.  Code.  It  shall  be  the  duty  of  the  Board  of  Trus- 
tees to  prescribe  the  course  of  study  and  the  time  and 
standard  of  graduation,  and  to  issue  such  certificates  of 
graduation,  and  diplomas  as  may  from  time  to  time  be 
deemed  suitable. 

(C.  L.  Sec.  553.) 
2.  Original.     1901  L.  20,  Sec.  9,  identical. 

XIV.  Textbooks  and  Equipment. 

1.  Code.  The  Board  of  Trustees  shall  prescribe  the 
textbooks,  and  shall  provide  such  suitable  apparatus  and 
furniture  from  time  to  time  as  they  may  deem  necessary. 

(C.  L.  Sec.  553.) 
2.  Original.     1901  L.  20,  Sec.  9,  identical. 

XV.  Courses — Ex-Officio  Members  of  Board. 

1.  Original.  ''Provided,  That  for  the  purpose  of  pre- 
scribing a  course  of  study  but  for  that  purpose  only,  the 
president  of  the  State  University  and  the  State  Super- 
intendent of  Public  Instruction  shall  be  ex-officio  members 
of  the  Board  of  Trustees. 

(1901  L.  20,  Sec.  9.) 

XVI.  Pupils — Admission — Tuition. 

1.  Code.  The  Board  of  Trustees  shall  ordain  such 
rules  and  regulations  for  the  admission  of  pupils  to  said 
institute  as  they  shall  deem  necessary  and  proper.  Pu- 
pils from  other  States  and  Territories  may  be  admitted  to 


IDAHO  EDUCATIONAL  INSTITUTIONS  87 

all  the  privileges  of  such  institute  upon  paying  such  rea- 
sonable tuition  fee  as  the  trustees  may  prescribe. 

(C.  L.  Sec.  554.) 
2.  Original.     1901  L.  20,  Sec.  10,  identical. 

XVII.  Trustees — Expenses  of. 

1.  Original.  The  actual  necessary  personal  expenses 
incurred  by  the  members  of  said  Board  of  Trustees  in 
carrying  out  the  provisions  of  this  act  shall  be  paid  on 
the  proper  certificate  out  of  any  funds  belonging  to  said 
academy  in  the  hands  of  the  treasurer. 

(1901  L.  20,  Sec.  11.) 

XVIII.  Trustees — ^Vacancies. 

1.  Original.  It  shall  be  the  duty  of  the  Governor  of 
the  State  to  fill  by  apointment  all  vacancies  that  may  from 
any  cause  occur  in  the  Board  of  Trustees. 

(1901  L.  20,  Sec.  12.) 

XIX.  Trustees — Report  and  Recommendation  By. 

1.  Original.  The  president  and  secretary  of  said 
Board  of  Trustees  shall  on  the  first  day  of  January  and 
July  of  each  year  transmit  to  the  Governor  of  the  State  a 
full  report  of  the  doings  of  the  said  Board  of  Trustees, 
the  progress  and  condition  of  said  academy,  together  with 
a  full  report  of  the  expenditures  of  the  same  for  the  pre- 
vious six  months,  setting  forth  each  item  in  full  and  the 
date  thereof  anci  such  recommendations  as  they  deem 
proper  for  the  good  of  said  academy. 

(1901  L.  20,  Sec.  13.) 

XX.  Supervision  of  Morals — Nonsectarian  Institution. 
1.  Code.     The  Board  of  Trustees  in  their  regulations, 

and  the  principal  and  assistants  in  their  supervision  and 
government  of  said  school,  shall  exercise  a  watchful 
guardianship  over  the  morals  of  the  pupils  at  all  times 
during  their  attendance  upon  the  same,  but  no  religious 
or  sectarian  test  shall  be  applied  in  the  selection  of  teach- 
ers, and  none  shall  be  adopted  in  said  school. 

2.  Original.     1901  L.  21,  Sec.  14,  identical. 

B.      Endovrment. 

I.  Land  Grant 

1.  40,000  acres  of  the  lands  granted  to  the  State  of 
Idaho  by  an  act  of  Congress  entitled  "An  act  to  pro- 
vide for  the  admission  of  the  State  of  Idaho  into  the 
Union,"  approved  July  3,  1890  (26  S.  at  L.  215)  *'for 
other  State,  charitable,  educational,  penal  and  reform- 
atory institutions"  are  hereby  appropriated  and  set 
apart  for  the  exclusive  use  and  benefit  of  said  insti- 


98  IDAHO  EDUCATIONAL  INSTITUTIONS 

tute,  said  lands  to  be  held,  disposed  of,  and  the  pro- 
ceeds thereof  used  and  applied  for  the  benefit  of  said 
institute  subject  to  the  provisions  of  said  admission 
bill  and  of  the  Constitution  of  the  State  of  Idaho  and 
so  far  as  may  be  practicable  in  conformity  with  the 
established  procedure  of  holding,  disposing  of,  and 
applying  the  proceeds  of  the  sales  of  lands  granted  for 
the  establishment  and  maintenance  of  State  normal 
schools  in  Idaho. 

(C.  L.  45:1;   1901  L.  17.) 

II.  Idaho  Technical  Institute  Fund. 

1.  Creation 

a.  Code.  A  fund  which  shall  be  known  as  the 
Idaho  Technical  Institute  fund  is  hereby  created 
and  established.  All  moneys  now  in,  or  credited 
to,  that  certain  fund  designated  on  the  books  in 
the  offices  of  the  State  Auditor  and  the  State 
Treasurer  as  the  Academy  of  Idaho  fund  and  all 
sums  which  may  accrue  from  the  investment  of 
moneys  belonging  to  that  certain  fund  known 
and  designated  upon  the  books  in  the  offices  of 
the  State  Auditor  and  the  State  Treasurer  as  the 
Academy  of  Idaho  endowment  fund  and  also 
four-fifteenths  of  any  and  all  moneys  which  may 
be  received  on  account  of  rentals  charged  for  the 
use  of  any  of  those  certain  lands  granted  to  the 
State  of  Idaho  for  ''other  State  charitable,  edu- 
cational, penal  and  reformatory  institutions"  by 
the  act  of  Congress  approved  July  3,  1890,  en- 
titled **An  act  to  provide  for  the  admission  of  the 
State  of  Idaho  into  the  Union"  and  four-fifteenths 
of  all  moneys  received  by  the  State  Treasurer  on 
on  account  of  interest  upon  deferred  payments  on 
such  of  the  said  lands  as  may  have  been  sold  by 
the  State,  shall  be  credited  to,  placed  in  and  con- 
stitute the  said  Idaho  Technical  Institute  fund. 

(C.  L.  45:2.) 

b.  Original.  1905  L.  409,  Sec.  1,  identical  except  change  of 
name  from  "Academy  of  Idaho"  to  "Idaho  Technical  Insti- 
tute."    (See  1915  L.  84.) 

Note:  Idaho  Technical  Institute  endowment  fund  named 
supra  evidently  refers  to  accruals  from  grant  of  40,000  acres 
made  by  1901  Laws  19,  Sec.  6;  C.  L.  45:1;  Art.  VII-B-I,  supra. 

2.  Limitation  on  Expenditure. 

a.  Code.  No  moneys  shall  ever  be  appropri- 
ated out  of  the  said  Idaho  Technical  Institute 
fund  for  any  purpose  other  than  the  support  and 
maintenance  of  the  Idaho  Technical  Institute,  nor 
shall  any  moneys  properly  belonging  to  the  said 


IDAHO  EDUCATIONAL  INSTITUTIONS  »» 

fund  ever  be  diverted  therefrom  or  used  for  any- 
other  purpose  whatsoever. 

b.  Original.     1905  L.  409,  Sec.  2,  identical  save  for  change 
of  name. 

3.  Perpetual  Appropriation. 

a.  Code.  All  moneys  which  may  accrue  to 
the  Idaho  Technical  Institute  fund  are  perpetually 
appropriated  and  set  apart  for  the  support  and 
maintenance  of  the  Idaho  Technical  Institute,  the 
same  to  be  available  for  such  purpose  immedi- 
ately upon  their  being  credited  to  the  said  fund. 

(C.  I^.  45:3.) 
b.  Original.  That  perpetually  from  and  after  the  first  day 
of  January,  1907,  all  moneys  which  may  accrue  to  the  Acad- 
emy of  Idaho  fund  shall  be  and  the  same  are  hereby  appro- 
priated and  set  apart  for  the  support  and  maintenance  of  the 
Academy  of  Idaho,  and  that  the  same  shall  be  and  they  are 
hereby  made  available  for  such  purpose  immediately  upon 
their  being  credited  to  the  said  fund. 
(1905  L.  410,  Sec.  4.) 

C.      Bonds. 

1.  $25,000  bond  issue  "for  the  purpose  of  erecting 
and  equipping  suitable  buildings  for  the  Academy  of 
Idaho  secured  on  the  proceeds  of  the  40,000  acre  grant, 
supra. 

(1901  L.  17;  refunded  1905  Lr.  280.) 

2.  $30,000  bond  issue  ''for  the  purpose  of  erecting 
and  equipping  suitable  buildings  and  making  certain 
improvements  for  the  Academy  of  Idaho  secured  on  the 
faith  and  credit  of  the  State  and  on  proceeds  of  grant  of 
1901  L.  17. 

(1903  L.  51;  refunded  1905  L.  280.) 

3.  $45,500  bond  issue  ''for  the  purpose  of  erecting  and 
equipping  suitable  buildings  and  making  certain  im- 
provements (expenditures  itemized)  for  the  Academy 
of  Idaho,"  secured  on  the  faith  and  credit  of  the  State 
and  an  ad  valorem  tax. 

(1905  L.  166;  refunded  1905  L.  280.) 

4.  $21,000  bond  issue  "for  the  purpose  of  erecting  and 
equipping  suitable  buildings  and  making  certain  im- 
provements (expenditures  itemized)  for  the  Academy 
of  Idaho"  secured  on  the  faith  and  credit  of  the  State 
and  an  ad  valorem  tax. 

(1907  L.  136;  refunded  1907  L.  260.) 

5.  $36,000  bond  issue  "for  the  purpose  of  erecting  and 
equipping  suitable  buildings  and  making  certain  im- 
provements (expenditures  itemized)  for  the  Academy 
of  Idaho"  secured  on  the  faith  and  credit  of  the  State 
and  an  ad  valorem  tax. 

(1909  L.  385;  refunded  1909  L.  305.) 


90  IDAHO  EDUCATIONAL  INSTITUTIONS 

articijE  vm. 

THE  IDAHO  INDUSTRIAL  TRAINING  SCHOOL. 

A.      Creation   and    Establishment. 

I.  State  Reform  School. 

1.  Original  act. 

a.  Creation  and  Location.  "That  a  State  re- 
form school  school  for  the  State  of  Idaho  is  hereby- 
established  in  the  town  of  Mountain  Home, 
county  of  Elmore,  State  of  Idaho,  to  be  called  the 
State  Reform  School." 

(1893  L.  165,  Sec.  1.) 

b.  Purpose.  The  purpose  shall  be  the  care  and  reforma- 
tion of  incorrigible  youth  and  the  detention  of  juvenile  of- 
fenders ag-ainst  the  law  whom  the  court  before  which  the 
offenders  are  convicted  may  deem  susceptible  of  reformation. 

(1893  L.  165,  Sec.  1.) 

c.  Endowment.  All  funds  *  *  *  including  the  avail- 
able proceeds  of  the  sale  of  50,0  00  acres  out  of  the  150,000 
acres  of  land  granted  to  the  state  by  the  general  government 
for  "other  State,  charitable,  penal  and  reformatory  institu- 
tions," shall  be  under  the  direction  and  control  of  the  Board 
of  Trustees. 

(1893  L.  166,  Sec.  5.) 
Note:     For  constitution  of  Board   of  Trustees  and  powers 
and  duties  thereof  see   original  act,  the  same   being  omitted 
here  since  act  repealed  by  1899  L.  391.     (See  Art.  VIII-A-I-3, 
post. 

2.  Re-enactment     1893  Laws  165,  supra,  re-enacted. 

(1899  L.  226.) 

3.  Repealed. 

a.  School  Abolished.  "That  an  act  of  the  3rd 
session  of  the  Legislature  of  the  State  of  Idaho 
entitled  "An  act  to  establish  a  reform  school  at 
Mountain  Home,  in  the  county  of  Elmore  and  to 
create  a  Board  of  Trustees  for  the  management 
thereof"  is  hereby  repealed. 

(1899  L.  391,  Sec.  1.) 
Note:     "Third  session"  used  above  refers  to  second  session 
(1893  L.  165,  supra). 

b.  Reversion  of  Title.  That  all  rights  accruing  to,  all  do- 
nations made  for,  and  all  property  vested  by  virtue  of  said 
act  shall  revert  back  to  the  original  owners  thereof  as  fully 
and  completely  as  if  the  same  had  never  passed,  and  the  board 
of  trustees  of  said  reform  school  are  hereby  authorized  and 
directed  to  execute  deeds  of  conveyance  of  all  real  estate  to 
the  respective  donors  or  grantors  who  have  heretofore  do- 
nated or  granted  lands  or  real  estate  to  said  board  of  trustees 
for  the  use  and  benefit  of  said  reform  school. 

(1899  L.  391,  Sec.  2.) 
Note:     Express  repeal  not  made  of  1899  L.  226,  supra. 

II.  Idaho  Industrial  Training  School. 
1.  Creation  and  Location. 

a.  Code.  A  State  Industrial  Training  School 
is  hereby  established  at  the  town  of  St.  Anthony 


IDAHO  EDUCATIONAL  INSTITUTIONS  91 

in  Fremont  county,  State  of  Idaho,  to  be  called 
the  Idaho  Industrial  Training  School. 

(C.  L.  47:1.) 

b.  Original.  That  a  State  Industrial  Reform  School  is  here- 
by established  in  Fremont  County,  State  of  Idaho,  to  be  called 
"The  Idaho  Industrial  Reform  School"  and  to  be  located  in 
such  place  and  in  such  manner  as  hereinafter  provided. 

(1903  L.  13,  Sec.  1.) 

Reference:     Location  made  by  commission. 

(1903  L.  25,  Sec.  40;  see  post  Art.  VIII-A-II-24.) 

c.  Amendments. 

(1)  That  the  name  of  the  Idaho  Industrial  Reform  School 
be  and  the  same  is  hereby  changed  to  "The  Idaho  Indus- 
trial Training  School,"  and  as  such  henceforth  said  insti- 
tution shall  be  known. 

(1905  L.  227,  Sec.  1.) 

(2)  Nothing  herein  contained  shall  affect  any  contract  or 
contracts  heretofore  entered  into  on  behalf  of  said  Idaho 
Industrial  Reform  School  nor  any  act  or  thing  authorized 
to  be  done  by  any  act  of  the  Legislature  of  this  State;  but 
said  acts  or  things  may  be  done  with  the  same  force  and 
effect,  the  words  and  name,  the  "Idaho  Industrial  Training 
School"  being  substituted  for  the  words  and  name  "The 
Idaho  Industrial  Reform  School"  wherever  the  latter  shall 
appear  in  any  such  act. 

(1905  L.  227,  Sec.  1.) 

(3)  "A  State  Industrial  Training  School  is  hereby  estab- 
lished at  the  town  of  St.  Anthony  in  Fremont  County,  State 
of  Idaho,  to  be  called  the  "Idaho  Industrial  Training 
School." 

(1911  L.  563.) 

2.  Purpose. 

a.  Code.  The  purpose  of  said  school  shall  be 
the  care,  protection,  training,  and  education  of  de- 
linquent children  and  to  provide  for  the  care  and 
control  and  discharge  of  juvenile  offenders. 

(C.  L.  47:1.) 

b.  Original.  The  purpose  of  such  school  shall  be  for  the 
care,  protection,  training  and  education  of  delinquent,  de- 
pendent, and  neglected  children,  and  to  provide  for  the  care, 
control  and  discharge  of  juvenile  offenders. 

(1903  L.  13,  Sec.   1.) 

c.  Amendment.     Changes  1903  L.  13,  to  form  of  C.  L.  47:1. 
(1911  L.  563.) 

3.  Tritstees — Membership. 

a.  Code.  The  general  supervision,  govern- 
ment and  control  of  the  Idaho  Industrial  Train- 
ing School  is  vested  in  the  State  Board  of  Edu- 
cation, which  shall  act  as  the  Board  of  Trustees 
of  the  Idaho  Industrial  Training  School. 

(C.  L.   47:2.) 
Note:      Based   on   C.   L.    38:1    and    38:3   substituting   "State 
Board  of  Education"  for  "Board   of  Trustees  of  said  school." 

b.  Original.  That  Board  of  Trustees  to  be  known  as  the 
Board  of  Trustees  of  the  Idaho  Industrial  Reform  School  con- 
sisting of  four  members,  all  of  whom  shall  be  appointed,  two 
of  whom  shall  be  men,  and  two  of  whom  shall  be  women,  no 
more  than  two  of  whom  shall  belong  to  one  political  party, 
and  no  more  than  one  of  any  one  county,  two  of  whom  shall 
be  interested  in  humanitarian  work. 


IDAHO  EDUCATIONAL  INSTITUTIONS 

Said  Board  of  Trustees  shall  be  appointed  by  the  Governor 
and  confirmed  by  the  Senate  for  the  term  of  four  years,  and 
until  their  successors  are  appointed  and  qualified;  provided 
that  of  the  first  board  appointed  two  shall  hold  office  for  two 
years,  and  two  for  four  years,  the  Governor  and  State  Super- 
intendent of  Public  Instruction  to  be  ex-officio  members  of 
the  Board  of  Trustees. 
(1903  L.  13,  Sec.  2.) 

4.  Same-^Qtudifications  of, 

a.  Original.  Before  entering  upon  the  dis- 
charge of  the  duties  of  their  respective  offices, 
each  member  shall  take  and  subscribe  an  oath  or 
affirmation  that  he  or  she  will  support  the  Con- 
stitution of  the  United  States,  the  Constitution  of 
the  State  of  Idaho,  and  will  faithfully  discharge 
the  duties  of  said  office,  which  oath  or  affirmation 
shall  be  filed  with  the  Secretary  of  State. 

(1903  L.  13,  Sec.  2.) 

5.  Same — Proceedings  of. 

a.  Code.  The  said  Board  of  Trustees  shall 
conduct  its  proceedings  in  such  a  manner  as  will 
best  conduce  to  the  proper  dispatch  of  business. 
Three  members  of  the  Board  of  Trustees  shall 
constitute  a  quorum  for  the  transaction  of  busi- 
ness, but  a  smaller  number  may  adjourn  from 
time  to  time.  No  member  of  said  Board  of  Trus- 
tees shall  participate  in  any  proceedings  in  which 
he  has  a  personal  or  pecuniary  interest.  Every 
vote  and  official  act  of  said  Board  of  Trustees 
shall  be  entered  on  record. 

Said  Board  of  Trustees  shall  have  an  official 
seal,  which  shall  be  judicially  noticed.  Said 
Board  of  Trustees  may  sue  and  be  sued,  and  may 
take,  in  the  name  of  the  State,  and  hold  in  trust 
for  the  school,  any  and  all  money,  real  estate  or 
personal  property  that  may  be  bequeathed  to 
said  school. 

(C.  L.   47:3.) 

b.  Original.  1903  Laws  13,  Sec.  3,  identical  with  C.  L. 
47:3,  supra,  except  that  original  act  required  a  majority  of 
the  board  to  constitute  a  quorum. 

c.  Amendments.  1909  Laws  6  5,  amended  1903  Laws  13, 
Sec.  3,  with  reference  to  quorum  and  placed  Section  3  in  form 
as  it  appears  in  C.  L.  47:3. 

6.  Same — Officers — Duties  of. 

a.  Code.  Biennially  the  said  Board  of  Trus- 
tees shall  elect  a  president  and  Secretary.  The 
State  Treasurer  shall  be  ex-officio  treasurer  of 
said  Board  of  Trustees.  It  shall  be  the  duty  of 
the  secretary  of  said  board  to  keep  an  exact  and 
detailed*  account  of  the  doings  of  said  board  and 


IDAHO  EDUCATIONAL  INSTITUTIONS  !93 

an  itemized  account  of  all  expenditures  author--^ 
ized  by  said  board. 

(C.  L.  47:4.) 
b.  Ori^nal.     1903  Laws  14,  Sec.   4,  differs  from  C.  L.  47:4 
only  in  beginning-  section  with  "at  their  first  meeting,  and." 

7.  Buildings — Control  and  Construction  of. 

a.  Code.  The  said  Board  of  Trustees  are 
hereby  authorized,  and  it  is  made  their  duty,  to 
take  and  at  all  times  to  have  general  supervision 
and  control  of  all  buildings  and  property  apper- 
taining to  said  school,  and  to  have  general 
charge  and  control  of  all  buildings  to  be  con- 
structed. They  shall  have  power  to  let  contracts 
for  the  erection  of  all  buildings,  and  also  the  en- 
tire supervision  of  their  construction.  All  build- 
ings for  housing  the  pupils  shall  be  on  "cottage 
plan."  For  the  better  grading  of  inmates,  each 
cottage  shall  accommodate  not  more  than  25 
persons. 

(C.  L.  47:5.) 

b.  Original.     1903  Laws  14,  Sec.  5  same.) 

8.  Trustees — Meetings. 

a.  Original.  Said  Board  of  Trustees  shall  hold 
tw^o  meetings  at  said  school  annually  but  special 
meetings  may  be  called  by  the  president  of  the 
board,  sending  v^ritten  notices  of  at  least  ten 
days  to  each  member. 

(1903  L.  14,  Sec.  6.) 

9.  Same — Expenses. 

a.  Original.  The  actual  and  necessary  per- 
sonal expenses  for  mileage  and  board  incurred  by 
the  members  of  said  Board  of  Trustees  in  carry- 
ing out  the  provisions  of  this  act  shall  be  paid  on 
proper  certificates  out  of  any  funds  belonging  to 
said  school  in  the  hands  of  the  treasurer. 

(1903  L.  14,  Sec.  6.) 

10.  Funds — Control  of. 

a.  Code.  All  funds  appropriated  for  the  use 
and  benefit  of  said  school  from  every  source,  in- 
cluding the  available  interest  arising  from  in- 
vestment of  the  proceeds  of  the  sale  of  lands  set 
apart  as  hereinafter  provided  for,  shall  be  under 
the  control  and  direction  of  said  Board  of  Trus- 
tees, subject  to  the  provisions  herein  contained. 

(C.  L.  47:7.) 

b.  Original.     19  03  Laws  14,  Sec.  7,  same.) 

11.  Same — Disbursement  of. 

a.  Code.  The  treasurer  of  the  Board  of  Trus- 
tees shall   pay   out  of  such  funds  all   orders  or 


94  IDAHO  EDUCATIONAL  INSTITUTIONS 

drafts  for  money  to  be  expended  under  provisions 
of  this  chapter.  Such  orders  or  drafts  shall  be 
drawn  by  the  State  Auditor  upon  certificates  of 
the  Secretary,  countersigned  by  the  president  of 
the  Board  of  Trustees,  and  shall  be  approved  by 
the  State  Board  of  Examiners.  No  such  certifi- 
cates shall  be  given  except  on  accounts  audited 
and  allowed  by  said  Board  of  Trustees. 

(C.  L.  47:7.) 
b.  Original.     1903  Laws  14,  Sec.  7,  same.) 

12.  Superintendent  —  Election  —  Removal  —  Qtudificcu- 
tions. 

a.  Code.  The  Board  of  Trustees  shall  appoint  a 
superintendent,  who  shall  be  especially  fitted  for 
the  position,  and  shall  be  a  person  experienced  in 
such  work  as  is  intended  to  be  carried  on  in  this 
school.  He  shall  be  retained  as  long  as  his  work 
is  bringing  good  results,  irrespective  of  political 
affiliations.  The  superintendent  shall,  before  en- 
tering upon  the  duties  of  his  office,  give  a  good 
and  suflScient  bond,  to  be  approved  by  the  Board 
of  Trustees,  conditioned  for  the  faithful  dis- 
charge of  his  duties.  The  superintendent  may  be 
removed  by  the  Board  of  Trustees  for  neglect  of 
duty,  improper  conduct,  malfeasance  in  office, 
incompetency,  or  whenever  the  interests  of  the 
school  shall  be  best  subserved  thereby.  The 
The  Board  of  Trustees  shall,  on  recommendation 
of  the  superintendent,  appoint  an  assistant  super- 
intendent, who  may  be  removed  by  the  superin- 
tendent. 

(C.  L.  47:8.) 
b.  Original.     1903  Laws  15,  Sees.  8  and  9,  same. 

13.  Teachers    and    Employees — Appointment  and    Re- 
moval. 

a.  Code.  All  officers,  teachers  and  employees 
shall  be  appointed  by  the  superintendent,  by  and 
with  the  advice  and  consent  of  the  Board  of 
Trustees;  and  such  officers,  teachers  and  em- 
ployees may  be  removed  by  the  superintendent 
whenever  the  interests  of  the  school  will  be  best 
subserved  thereby. 

(C.  L.  47:9.) 
b.  Original.     1903  Laws  15,  Sec.  9,  same.) 

14.  Teachers — QualificatioTis. 

a.  Code.  All  teachers,  except  specialists,  shall 
hold  first-class  certificates  from  the  State  Super- 
intendent of  Public  Instruction.     Specialists  shall 


IDAHO  EDUCATIONAL  INSTITUTIONS  95 

hold   diplomas   from  some   accredited   school   in 
their  specialty. 

(C.  L.  47:9.) 
b.  Original.     1903  Laws  15,  Sec.  10,  same. 

15.  Same — Salaries — Rules. 

a.  Code.  The  superintendent  shall  conduct 
the  said  school  under  rules  and  regulations  pre- 
scribed by  the  Board  of  Trustees,  and  said  Board 
of  Trustees  shall  fix  the  salaries  of  all  officers 
and  teachers,  and  the  wages  of  all  employees. 

(C.  L.  47:10.) 
b.  Original.     1903  Laws  15,  Sec.  11,  same. 

16.  Superintendent — Report  on  Attendance  and  Experv- 
ditures. 

a.  Code.  The  superintendent  shall,  at  the 
close  of  each  month,  present  to  the  Board  of 
Trustees  a  written  report,  showing  the  general 
condition  of  the  school,  the  number  of  inmates  in 
attendance,  the  number  of  tickets  of  leave  granted 
and  such  other  information,  together  with  such 
suggestions  and  recommendations,  as  may  be  to 
the  best  interests  of  the  school.  He  shall  have 
charge  of  all  property  belonging  to  the  school, 
and  shall  keep  an  account  of  all  monthly  expen- 
ditures, and  the  receipts  shall  be  certified  to  the 
president  of  the  board  with  the  social  condition 
of  each  inmate  at  the  time  of  committal. 

(C.  L.   47:11.) 

b.  Original.     1903  Laws  15,  Sec.  12,  same. 

17.  Religious  Services. 

a.  Code.  The  superintendent  shall  provide 
for  the  holding  of  religious  services  on  the  Sab- 
bath day  for  the  inmates  of  said  school,  but  no 
sectarian  views  shall  control  the  services. 

(C.  L.   47:12.) 

b.  Original.     1903  Laws  16,  Sec.  13,  same. 

18.  Course  of  Study. 

a.  Original.  The  State  Superintendent  of  Pub- 
lic Instruction  shall  prepare  courses  of  study  for 
all  grades  in  the  school. 

(1903  L.  16,  Sec.  14.) 
Note:      See    powers    of    Board    of    Education    to    prescribe 
courses  of  study  in  schools  and  institutions. 
(C.  L.  38:21  and  38:23.) 
b.  Note:     Compare  Article  VIII-A-II-23,  post. 

19.  Independent  School  District. 

a.  Code.  The  said  school  with  all  appurte- 
nances thereto  shall  be,  and  it  is  hereby  declared 


96  IDAHO  EDUCATIONAL  INSTITUTIONS 

to  be,  an  independent  school  district,  and  it  shall 
not  be  taxed  for  other  school  purposes. 

(C.  L.  47:13.) 
b.  Original.     1903  Laws  16,  Sec.  15,  same. 
Note:     For  law  g-overning  Independent  school  districts  see 
Article    11,   Chapter   38,   Section    181    et  seq,,   of  the   Compiled 
Laws,  which  exclusively  g-overns  independent  school  districts. 
Wood  vs.  School  District  21  I.  734,  124  P.  780. 

20.  Trustees — Vacancy — Appointment  to. 

a.  Original.  It  shall  be  the  duty  of  the  Gov- 
ernor to  fill  by  appointment  all  vacancies  that 
may  from  any  cause  occur  in  the  Board  of  Trus- 
tees, provided  that  he  shall  appoint  the  new 
member  from  the  same  political  party  of  the  re- 
tiring member. 

(1903  L.  16,  Sec.  16.) 

21.  Report  of   Conditions,    Expenditures,  and   Recom- 
mendations. 

a.  Original.  The  president  and  secretary  of  the 
Board  of  Trustees  shall  on  the  first  day  of  January 
and  July  of  each  year  transmit  to  the  Governor 
of  the  State  a  full  original  report  of  the  doings 
of  the  said  Board  of  Trustees,  the  progress  and 
condition  of  said  school,  together  with  a  full 
report  of  the  expenditures  and  receipts  for  the 
previous  six  months,  setting  forth  each  item  in 
full,  the  date  thereof,  and  such  recommendations 
as  they  deem  proper  for  the  good  of  the  school. 
They  shall  submit  on  the  first  day  of  December 
of  each  biennial  year  a  printed  report  of  all  pro- 
ceedings of  the  last  biennial  period;  provided 
failure  to  file  a  printed  report  as  required  shall 
mean  forfeiture  of  bond. 

(1903  L.  16,  Sec.  17.) 

22.  Supervision  of  Morals — Nonsectarian  Institution. 

a.  Code.  The  Board  of  Trustees,  in  their  reg- 
ulations, and  the  superintendent  and  assistants, 
shall  exercise  a  watchful  guardianship  over  the 
morals  of  the  pupils  at  all  times  during  their  at- 
tendance upon  the  same,  but  no  religious  or  sec- 
tarian test  shall  be  applied  in  the  selection  of 
teachers,  and  none  shall  be  adopted  in  the  school. 

(C.  L.  47:14.) 

b.  Original.     1903  Laws  16,  Sec.  18,  same. 
Note:     See  Article  VIII-A-II-17,  supra. 

23.  Course  of  Study — Scope. 

a.  Code.  All  juveniles  sent  to  the  Idaho  In- 
dustrial Training  School  shall  be  taught  the  com- 
mon school  branches,  as  taught  in  the  common 


IDAHO  EDUCATIONAL  INSTITUTIONS  97 

schools  of  Idaho,  together  with  such  industrial 
and  manual  training  in  the  boys'  department,  and 
domestic  sciences  in  the  girls'  department,  that 
the  boys  and  girls  shall  be  enabled  to  earn  a  liv- 
ing after  being  discharged  therefrom. 

(C.  L.  47:15.) 

b.  Original.     1903  Laws  19,  Sec.  27,  same. 

c.  Note:  For  statutes  requiring'  instruction  in  physiology 
and  hygiene  pertaining  to  alcoholic  drinks,  stimulants,  and 
narcotics,  see  C.  L.  38:306  and  38:309. 

24.  OrigmM  Site — Commission  For. 

a.  Original.  For  the  purpose  of  locating  the 
Idaho  industrial  reform  school  at  a  particular 
place  in  Fremont  county,  State  of  Idaho,  the 
power  is  hereby  vested  in  the  Governor  of  the 
State  of  Idaho  to  appoint  a  commission  consisting 
of  five  members,  all  of  whom  shall  be  citizens  of 
the  State  of  Idaho,  whose  duty  it  shall  be  to  care- 
fully investigate  any  and  all  locations  in  said 
county  offered  or  available  and  to  secure  such 
location  as  will  in  their  judgment  best  subserve 
the  interests  of  said  school,  which  decision  shall 
be  final. 

1903  L.  25,  Sec.  40.) 

B.      Endowment. 

I.  Land. 

1.  Qrant  of  Portion  of  Institntionxil  Grant. 

a.  Code.  The  State  Board  of  Land  Commis- 
sioners are  hereby  directed,  and  it  is  made  their 
duty,  to  set  aside  40,000  acres  of  land  granted  to 
the  State  of  Idaho  by  the  act  of  Congress  entitled 
"An  act  to  provide  for  the  admission  of  the  State 
of  Idaho  into  the  Union,"  approved  July  3,  1890, 
for  other  State  charitable,  educational  or  penal 
and  reformatory  purposes,  for  the  exclusive 
use  and  benefit  of  said  school.  Said  lands  shall 
be  held  and  disposed  of,  and  the  proceeds  thereof 
used  and  applied,  for  the  benefit  of  said  school, 
subject  to  the  provisions  of  said  admission  act 
and  the  Constitution  of  the  State  of  Idaho,  and,  so 
far  as  may  be  practicable,  in  conformity  with  the 
established  procedure  of  holding,  disposing  of 
and  applying  the  proceeds  of  lands  granted  to  the 
common  schools  of  the  State  of  Idaho.  The  State 
Board  of  Land  Commissioners  are  directed  to  set 
aside  40,000  acres  of  land,  if  selected,  and  if  not 
selected,  to  use  the  utmost  dispatch  in  selecting 


98  IDAHO  EDUCATIONAL  INSTITUTIONS 

and  setting  aside  the  same.  The  State  Board  of 
Land  Commissioners  are  hereby  directed  to  pro- 
vide separate  record  books,  in  proper  form,  to  be 
known  as  Idaho  Industrial  Training  School  rec- 
ords, in  which  shall  be  kept  all  records  of  matters 
relating  to  said  lands. 

(C.  L.  47:17.) 

b.  Original.  1903  Laws  17,  Sec.  19:  Only  material  differ- 
ence is  grant  of  60,000  acres  instead  of  40,000. 

c.  Amendment.  Amends  1903  Laws  17,  Sec.  19,  placing  the 
same  in  form  as  in  C.  L.  47:17. 

(1903  Laws  291,  Sec.  1.) 

II.  Idaho  Industrial  Training  School  Fund. 

1.  CreoMon. 

a.  Code.  A  fund  which  shall  be  known  as  the 
Idaho  Industrial  Training  School  fund  is  hereby 
created  and  established  and  all  moneys  now  in, 
or  accredited  to,  that  certain  fund  designated 
upon  the  books  in  the  offices  of  the  State  Auditor 
and  the  State  Treasurer  as  the  Idaho  Industrial 
Training  School  fund  and  all  sums  which  may  ac- 
crue from  the  investment  of  moneys  belonging  to 
that  certain  fund  known  and  described  upon  the 
books  in  the  offices  of  the  State  Auditor  and  the 
State  Treasurer,  as  the  Idaho  Industrial  Training 
School  endowment  fund  and  also  four-fifteenths 
of  any  and  all  moneys  which  may  be  received  on 
account  of  rentals  charged  for  the  use  of  any  of 
those  certain  lands  granted  to  the  State  of  Idaho 
"for  other  State  charitable,  educational,  penal 
and  reformatory  institutions"  by  the  act  of  Con- 
gress approved  July  3,  1890,  entitled  "An  act  to 
provide  for  the  admission  of  the  State  of  Idaho 
into  the  Union,"  and  four-fifteenths  of  all  moneys 
received  by  the  State  Treasurer  on  account  of  in- 
terest upon  deferred  payments  on  such  of  the 
said  lands  as  may  have  been  sold  by  the  State, 
shall  be  credited  to,  placed  in  and  constitute  the 
said  Idaho  Industrial  Training  School  fund. 

(C.  L.  47:18.) 

b.  1905  Laws  417,  Sec.  1:  Same  in  all  material  respects. 
Note:     Name  of  school  and  of  fund  changed  in  1905  Laws 

415  on  basis  of  1905  Laws  227  and  1911  Laws  563. 

2.  Limitation  on  Expenditure. 

a.  Code.  No  moneys  shall  ever  be  appropriated 
out  of  the  said  Idaho  Industrial  Training  School 
fund  for  any  purpose  other  than  the  support  and 
maintenance  of    the    Idaho    Industrial    Training 


IDAHO  EDUCATIONAL  INSTITUTIONS  99 

school,  nor  shall  any  moneys  properly  belonging 
to  the  said  fund  ever  be  diverted  therefrom  or 
used  for  any  other  purpose  whatsoever. 

(C.  L.  47:18.) 
b.  Original.     1905  Laws  415,  Sec.  2,  same. 

3.  Perpetual  Appropriation. 

a.  Code.  All  moneys  which  may  accrue  to  the 
Idaho  Industrial  Training  School  fund  are  perpet- 
ually appropriated  and  set  apart  for  the  support 
and  maintenance  of  the  Idaho  Industrial  Train- 
ing School,  the  same  to  be  available  for  such  pur- 
pose immediately  upon  their  being  credited  to  the 
said  fund. 

(C.  L.  47:19.) 
b.  Original.  That  perpetually  from  and  after  the  first  day 
of  January,  1907,  all  moneys  which  may  accrue  to  the  Idaho 
Industrial  Reform  School  fund  shall  be  and  the  same  are 
hereby  appropriated  and  set  apart  for  the  support  and  mainte- 
nance of  the  Idaho  Industrial  Reform  School,  and  the  same 
shall  be  and  they  are  hereby  made  available  for  such  purpose 
immediately  upon  their  being-  credited  to  the  said  fund. 

(1905  L.  416,  Sec.  4.) 

C.      Bonds. 

1.  $50,000  bond  issue  "for  the  purpose  of  purchasing 
a  farm,  erecting  the  necessary  buildings,  and  equipping 
the  same  to  be  secured  on  the  faith  of  the  State  and  an 
ad  valorem  tax. 

(1903  U   12;   1903  L.   291.) 

2.  $20,000  bond  issue  "for  the  purpose  of  providing 
money  for  the  erection  of  a  girls'  cottage  and  a  barn  and 
carpenter  shop  at  the  Idaho  Industrial  Reform  School 
and  for  other  improvements  at  said  institution,"  secured 
on  the  faith  and  credit  of  the  State  and  an  ad  valorem 
tax. 

(1905  L.  91;  refunded  1905  L.  280.) 

3.  $50,000  bond  issue  "for  the  purpose  of  providing 
money  for  the  erection  of  a  girls'  cottage,  boys'  cottage, 
east  wing  for  administration  building,  and  procuring  a 
water  supply  at  the  Idaho  Industrial  Training  School 
(formerly  the  Idaho  Industrial  Reform  School)  secured 
on  the  faith  and  credit  of  the  State  and  an  ad  valorem 
tax. 

(1907  L.  141;  refunded  1907  L.  260.) 

4.  $55,000  bond  issue  "for  the  purpose  of  providing 
money  for  the  erection  of  three  dormitories  or  cottages, 
one  central  heating  plant  and  water  system,  well,  water 
mains,  tower,  and  tank,  hose  carts,  and  hose,  etc.,  160 
acres  farm  land,  one  greenhouse,  40  shares  of  water 
stock,  24  foot  wagon  scales,  library  supplies,  books,  mu- 


100  IDAHO  EDUCATIONAL  INSTITUTIONS 

sic,  etc.,  for  the  Idaho  Industrial  Training  School  secured 
on  the  faith  and  credit  of  the  State  and  an  ad  valorem 
tax. 

(1909  L.  376;  refunded  1909  L.  305.) 

5.  $33,000  bond  issue  "for  the  purpose  of  improving" 
the  Idaho  Industrial  Training  School  at  St.  Anthony,  se- 
cured and  paid  by  ad  valorem  tax. 

(1911  L.  251.) 

D.      Commitment  to  Training  School. 

I.  Commitment — Grounds — Orders — Limitations. 

1.  Code.  When  any  boy  or  girl  of  sane  mind,  be- 
tween the  ages  of  8  and  18  years,  shall,  in  any  court  of 
record,  or  by  any  judge  of  the  district  court  of  this 
State,  be  found  guilty  of  any  felony  except  murder  or 
manslaughter,  the  court  or  judge  may,  if  in  his  opinion 
the  accused  is  a  proper  subject  therefore,  instead  of 
entering  judgment,  cause  an  order  to  be  entered  for 
such  boy  or  girl  to  be  sent  to  the  Idaho  Industrial 
Training  School,  in  pursuance  of  the  provisions  of  this 
chapter,  and  all  acts  amendatory  thereof.  A  copy  of 
such  order,  under  the  seal  of  the  court,  accompanied 
by  a  certificate  of  health,  shall  be  sufficient  warrant 
for  carrying  such  boy  or  girl  to  such  school,  and  for 
his  or  her  commitment  to  the  custody  of  the  superin- 
tendent thereof. 

(C.  L.  47:20.) 

2.  Original.  When  any  boy  or  girl  of  sane  mind,  between  the 
ag-es  of  eight  and  eighteen  years,  shall  in  any  court  of  record,  or 
by  any  judge  of  the  district  court  of  this  State,  be  found  guilty  of 
any  crime  except  murder  or  manslaughter,  or  if  for  want  of  proper 
parental  care,  is  growing  up  in  mendicancy,  vagrancy  or  incorrigi- 
bility, and  complaint  thereof  is  properly  made  and  sustained  by 
evidence,  the  court  or  judge  may,  if  in  his  opinion  the  accused  is  a 
proper  subject  therefor,  instead  of  entering  judgment,  cause  an 
order  to  be  entered  for  such  boy  or  girl  to  be  sent  to  the  Idaho 
Industrial  Reform  School,  in  pursuance  of  the  provisions  of  this  act. 
A  copy  of  such  order  under  the  seal  of  the  court,  accompanied  by 
a  certificate  of  health  shall  be  sufllcient  warrant  for  carrying  such 
boy  or  girl  to  said  school,  and  for  his  or  her  commitment  to  the 
custody  of  the  superintendent  thereof. 

(1903  L.  19,  Sec.  28.) 

3.  Amendment.  Amends  1903  Laws  19,  Sec.  28,  to  conform  to 
C.  L.  47:20. 

(1905  L.  432.) 

II.  Same — Order  to  Show  Cause. 

1.  Original.  When  a  boy  or  girl  of  sane  mind  be- 
tween the  ages  of  8  and  18  years  shall  be  brought  be- 
fore a  justice  of  the  peace,  probate  judge  or  police 
magistrate  of  any  county  or  town  of  this  State,  charged 
with  any  crime,  or  misciemeanor,  or  with  mendicancy, 
vagrancy  or  incorrigibility,  it  shall  be  the  duty  of  such 


IDAHO  EDUCATIONAL  INStlTUtlOI^S  101 

probate  judge,  justice  of  the  peace  or  police  magis- 
trate before  whom  he  or  she  may  be  brought,  to 
forthwith  investigate  such  charge  and  take  such  evi- 
dence as  he  may  deem  necessary,  and,  if  after  such 
investigation  such  probate  judge,  justice  of  the  peace 
or  police  magistrate  is  of  the  opinion  that  such  boy  or 
girl  is  a  proper  person  to  be  committed  to  the  Idaho 
Industrial  Reform  School,-  he  shall  forthwith  consign 
such  boy  or  girl,  together  with  all  papers  filed  in  his 
office  on  the  subject,  and  a  copy  of  his  proceedings 
thereon,  under  the  control  of  some  officer,  to  the  dis- 
trict judge  of  his  district,  who  shall  then  issue  an  or- 
der to  the  parent  or  guardian  of  such  boy  or  girl,  or 
such  other  person  as  may  have  him  or  her  in  charge, 
or  with  whom  he  or  she  has  last  resided,  or  anyone 
known  to  be  related  to  him  or  her,  or  if  he  or  she  be 
running  friendless,  then  to  such  person  as  the  judge 
may  appoint  to  act  as  guardian  for  the  purposes  of 
such  case,  requiring  him  or  her  to  appear  at  the  place 
and  time  stated  in  said  order,  to  show  cause  why  such 
boy  or  girl  shall  not  be  committed  to  said  Idaho  Indus- 
trial Reform  School  for  training  and  reformation. 

(1903  L.  20,  Sec.  29.) 
2.  Amendment.     Repeals  1903  Laws  20,  Sec.  29. 
(1905  L.  433,  Sec.  2.) 

III.  Same — Service  of  Order. 

1.  Original.  Such  order  shall  be  served  by  the 
sheriff  or  other  qualified  officer  by  delivering  a  copy 
thereof  personally  to  the  party  to  whom  it  is  addressed, 
or  by  leaving  it  with  some  person  of  full  age,  at  the 
place  of  residence  or  business  of  the  said  party,  and 
immediate  return  thereof  shall  be  made  to  said  judge 
of  the  time  and  manner  of  such  service. 

(1903  L.  20,  Sec.  30.) 
2.  Amendment.     Repeals  1903  Laws  2  0,  Sec.  30. 
(1905  L.  433,  Sec.  3.) 

IV.  Same — Physical  Examinations. 

1.  Code.  No  boy  or  girl  shall  be  committed  to  said 
school  who  is  not  of  sound  intellect,  free  from  cu- 
taneous or  other  contagious  disease,  or  who  is  subject 
to  epileptic  or  other  fits,  and  he  or  she  must  possess 
that  degree  of  bodily  health  which  would  render  him 
or  her  a  fit  subject  for  the  discipline  of  such  school. 
And  it  shall  be  the  duty  of  the  court  or  judge,  com- 
mitting such  boy  or  girl  to  said  school,  to  cause  him 
or  her  to  be  examined  by  a  reputable  licensed  physi- 
cian who  shall  certify  to  the  above  facts,  which  certifi- 


102  '     ^     ;    -       ^  ii)AHO"  EDUCATIONAL  INSTITUTIONS 

cate  shall  be  forwarded  to  said  school  with  the  com- 
mitment. 

(C.  L.  47:20.) 

2.  Original.  At  the  time  and  place  mentioned  in  said  order,  or 
at  the  time  and  place  to  which  the  court  may  be  adjourned,  if  the 
parent,  or  guardian  to  whom  such  order  may  be  addressed,  shall 
appear,  then  in  his  or  her  presence,  or  if  he  or  she  fail  to  appear, 
then  in  the  presence  of  some  competent  person  whom  the  judge 
shall  appoint  as  guardian  for  the  purposes  of  the  case,  it  shall  be 
lawful  for  the  said  judge  to  take  a  voluntary  statement  of  said  boy 
of  girl,  and  to  take  such  testimony  in  relation  to  the  case  as  may 
be  produced;  and  if,  upon  such  examination  or  hearing,  such  judge 
shall  be  satisfied  that  the  boy  or  girl  is  a  fit  subject  for  the  Idaho 
Industrial  Reform  School,  he  may  commit  him  or  her  to  said  school 
by  warrant.  No  boy  or  girl  shall  be  committed  to  said  school  who 
is  not  of  sound  intellect,  free  from  cutaneous  or  other  contagious 
diseases,  or  who  is  subject  to  epileptic  or  other  fits,  and  he  or  she 
must  possess  that  degree  of  bodily  health  which  would  render  him 
or  her  a  fit  subject  for  the  discipline  of  such  school.  And  it  shall 
be  the  duty  of  the  court  or  judge  committing  any  such  boy  or  girl, 
to  cause  him  or  her  to  be  examined  by  a  reputable  licensed  physi- 
cian, who  shall  certify  to  the  above  facts,  which  certificate  shall  be 
forwarded  to  said  school  with  the  commitment. 

(1903  L.  20,  Sec.   31.) 

3.  Amendment.  Amends  1903  Laws  20,  Sec.  31,  to  read  same  as 
last  two  sentences  of  C.  L.  47:20. 

(1905  L.  433,  Sec.   31.) 

V.  Same — Order — Form  of. 

1.  Code.  The  commitment  may,  in  general  terms, 
be  in  the  following  form: 

In  the  district  court  of  the „ judicial  district  of 

the  State  of  Idaho,  in  and  for county. 

State  of  Idaho, county,  ss. 

Be  it  remembered,  that  on  the day  of. , 

19...., a  minor  of  said  county  under  the  age  of  18 

years,  was  charged  with  the  crime  of and  upon 

trial  was  convicted  of  said  offense.  And  after  an  ex- 
amination the  court  finds  that  said ..is  a  suitable 

person  to  be  committed  to  the  instruction  and  discipline 
of  the  Idaho  Industrial  Training  School. 

And  I  further  find  that  the  said is  a  resident  of 

said county,  and  will  be years  of  age  on  the 

..-.day  of-. .-,  19 

That  his  father's  name  is-.. and  that  his  residence 

is ...-,  and  by  occupation  is That  his  moth- 
er's name  is ;  that  her  residence  is — ,  and  by 

occupation  is 

I  further  find  and  hereby  certify  that  said re- 
sided with in ,  ... county,  in  the  state  of 

Idaho,  when  arrested  for  said  offense.  The  facts  in  re- 
lation to  said  matter  are  as  follows : 


That  aside  from  his  father  and  mother,  the  names  of 


IDAHO  EDUCATIONAL  INSTITUTIONS  103 

his  next,  near  relatives  and  their  residences  are  as  fol-:_ 
lows:    - - - 

Now,  therefore,  in  view  of  the  premises  aforesaid, 
and  the  judgment  of  conviction  entered  herein,  it  is 
hereby  ordered  that  said be,  and  he  is  hereby- 
committed  to  the  Idaho  Industrial  Training  School,  lo- 
cated at  St.  Anthony,  in  the  State  of  Idaho,  until  he 
attains  the  age  of  21  years,  or  until  he  is  legally  dis- 
charged by  the  board  of  trustees  of  said  school. 

I  therefore  command  you, ,  that  you  take  such 

boy  (or  girl)  and  deliver  him  (or  her)  without  delay 
to  the  superintendent  of  said  school,  or  any  other  per- 
son in  charge  thereof. 
Witness  my  hand  this ..day  of 19 

,  District  Judge. 

State  of  Idaho, ..County,  ss. 

I,  ,  clerk  of  the  district  court  of  the ju- 
dicial district  of  the  State  of  Idaho,  in  and  for 

county,  do  hereby  certify  that  the  Hon whose 

signature  is  appended  to  the  foregoing  order  of  com- 
mitment, was  at  the  date  thereof,  and  now  is,  the 
judge  of  the  district  court  in  and  for  said district. 

In  witness  whereof  I  have  hereunto  set  my  hand 

and  affixed  the  seal  of  said  court  this.. .day  of... 

A.  D.  19....... 

,  Clerk,  District  Court. 

(C.  L.  47:21.) 
2.  Original.     The  commitment  may  be  in  the  following  form: 
Order  of  .Commitinent. 

State  of  Idaho,  County  of ,  ss. 

In  the  district  court  in  and  for  the judicial  district,  in  and 

for  said  county  and  State. 

Be  it  remembered,  that  on  the day  of ,  19 ,  a 

minor   of   said    county,    was    charged    on    complaint    of and 

brought  before  me,  the  undersigned  judge  of  said  court,  and  upon 
due  proof  I  do  find  that  said is  a  suitable  person  to  be  com- 
mitted to  the  instruction  and  discipline  of  the  Idaho  Industrial  Re- 
form School. 

Now,  therefore,  it  is  hereby  ordered  that  the  said be  and 

is  hereby  committed  to  said  school  until attains  the  age  of 

twenty-one  years  or  until is  legally  discharged  by  the  board 

of  trustees  of  said  school. 

And  I  find  upon  hearing  of  said  matter,  that  the  said was 

charged  with ,  that is  a  resident  of  said  county,  and 

of  the  age  of years. 

That father's   name    is ,   he   resides   at in 

the  State  of ,  by  occupation  a That mother's 

name  is ,  a  resident  of  the  State  of ,  by  occupation 


The   names  of   other   near  relatives   and   their  residences  are  as 

follows... 

Witness  my  hand  this day  of ,  A.  D.  19 

Judge. 


104  IDAHO  EDUCATIONAL  INSTITUTIONS 

State  of  Idaho,  County  of  ,  ss. 

I,  clerk  of  the  district  court  of  the  said  district .' do  hereby 

certify  that  the  Hon. ,  whose  signature  is  appended  to  the 

foregoing-  order  of  commitment,  was  at  the  date  thereof,  and  now 

is,  the  judge  of  the  district  court  in  and  for  said district. 

In  witness  whereof  I  have  hereunto  set  my  hand  and  affixed  the 

seal  of  said  court  this day  of ,  A.  D.  19 

(Seal) 

The  certificate  of  health  may  be  in  the  following  form: 
State  of  Idaho,  County  of ,  ss. 

,  being  first  duly  sworn,  deposes  and  says:     That  he  is 

a  practicing  physician,  duly  licensed  to  practice  medicine  and  sur- 
gery in  the  State  of  Idaho;  that  at  the  request  of  the  Hon „ , 

judge  of  the  district  court  in  and  for  said  district,  he  made  a  careful 

medical  examination  of and  as  a  result  of  said  examination, 

he  makes  answer  to  the  following  questions  correctly,  to  the  best 
of  his  knowledge,  judgment  and  belief: 

Has a  perfect  vision? 

Ans. 

Is of  sound  intellect? 

Ans. 

Has sufficient  bodily  strength  to  receive  instruction? 

Ans 

Has any  tendency  to  scrofula  or  consumption? 

Ans 

Is perfectly  free  from  cutaneous  disorders? 

Ans 

Is subject  to  epileptic  fits? 

Ans. 

Has had  the  smallpox? 

Ans. 

Has been  vaccinated  ? 

Ans. 

Is sufficiently  sound    of  mind   and  bodily  health  to   be  a 

proper   person    to    be    committed   to   the    Idaho    Industrial    Reform 
School? 

Ans. 

Subscribed  and  sworn  to  before  me  this day  of 19..., 

.  (Seal)  Clerk. 

(1903  L.  21,  Sec.  31.) 
3.  Amendment.      Amends   1903   Laws   21,   Sec.    31,   to  form  as  in 
C.  L.   47:20. 

(1905  L.  433,  Sec.  4.) 

VI.  Temporary  Custody — Conveyance  to  School. 

1.  Code.  The  said  court,  or  the  judge  thereof,  shall 
appoint  or  designate  the  sheriff  of  said  county,  or  some 
other  person,  to  take  such  boy  or  girl,  and  deliver  him 
or  her  without  delay  to  the  superintendent  of  said 
school,  or  other  person  in  charge  thereof  at  the  place 
where  the  same  is  located,  and  the  issuing  of  such  cer- 
tificates, for  the  purposes  of  this  chapter,  shall  be  con- 
clusive evidence  of  his  or  her  residence  and  age.  The 
expenses  of  conveying  said  boy  or  girl  to  said  institu- 
tion shall  be  paid  as  in  the  case  of  convicts  conveyed 
to  the  penitentiary  of  the  State  of  Idaho. 

(C.  L.   47:22.) 

2.  Original.  The  judge  shall  certify  in  the  warrant  the  place 
where  the  boy  or  girl  resided  at  the  time  of  his  or  her  arrest;  also 
his  or  her  age,  as  nearly  as  can  be  ascertained,  and  command  such 
officer  to  take  such  boy  or  girl  and  deliver  him  or  her  without  delay 


IDAHO  EDUCATIONAL  INSTITUTIONS  105 

to  the  superintendent  of  said  school,  or  other  person  in  charge 
thereof,  at  the  place  where  the  same  is  located,  and  the  showing 
of  such  certificate  for  the  purposes  of  this  act  shall  be  conclusive 
evidence  of  his  or  her  residence  or  age;  accompanying  this  warrant 
the  judge  shall  transmit  by  the  ofllcer  executing  it,  a  statement  of 
the  nature  of  the  complaint  to  the  superintendent,  together  with 
such  other  particulars  concerning  the  boy  or  girl  as  the  judge  is 
able  to  ascertain:  PROVIDED,  That  the  expense  of  conveying  said 
boy  or  girl  shall  be  paid  as  in  the  case  of  other  convicts  to  the 
penitentiary. 

(1903  L.   23,  Sec.  32.) 
3.  Amendment.     Amends  1903  Laws  23,  Sec.  32,  to  read  as  C.  L. 
47:22. 

(1905  L.  434,  Sec.  5.) 

VII.  Jurisdiction — Original — Appellate. 

1.  Code.  The  judge  of  any  district  court  in  the 
State  may,  either  in  chambers  or  in  term  time,  proceed 
under  the  provisions  of  this  article :  PROVIDED,  That 
any  preceedings  had  before  the  judge  in  chambers  in 
any  county  at  time  when  the  district  court  is  not  in 
session,  shall  be  entered  and  recorded  in  the  minutes 
of  said  court  on  the  first  day  of  the  next  ensuing  term. 
Any  and  all  proceedings  before  the  district  court,  or 
judge  thereof,  may  be  reviewed  on  appeal  by  the 
supreme  court,  in  the  manner  provided  by  law  for  re- 
viewing criminal  cases  in  said  supreme  court. 

(C.  L.  47:23.) 

2.  Original.  1903  Laws  23,  Sec.  33,  same  except  "appeal"  substi- 
tuted for  "writ  of  error"  to  conform  to  Idaho  practice, 

VIII.  Commitment — Term — Parole — Discharge. 

1.  Code.  Each  boy  or  girl  committed  to  the  Idaho 
Industrial  Training  School  shall  remain  there  until  he 
or  she  arrives  at  the  age  of  21  years,  unless  paroled, 
or  legally  discharged:  PROVIDED,  That  it  shall  be 
lawful  for  the  Board  of  Trustees,  upon  the  recommen- 
dation of  the  superintendent  of  said  school,  to  discharge 
any  boy  or  girl,  an  inmate  thereof,  who  has  arrived  at 
the  age  of  18  years,  if  it  be  made  to  appear  that  while 
there  as  an  inmate,  he  or  she  deported  himself  or  her- 
self in  such  manner  as  to  make  it  reasonably  probable 
that  he  or  she  has  reformed,  and  is  a  proper  person 
to  be  discharged. 

(C.  L.  47:24.) 

2.  OriglnaL     1903  Laws  2  3,  Sec.  34,  identical. 

IX.  Penitentiary  Inmate — Transfer  to  School — Revo- 

cation OF. 
1.  Code.  Whenever  any  boy  or  girl,  under  the  age 
of  18  years,  has  been  sentenced  by  any  court  of  com- 
petent jurisdiction  to  imprisonment  in  the  State  peni- 
tentiary, it  shall  be  lawful  for  the  State  Board  of  Par- 
dons, upon  application  of  such  boy  or  girl,  his  or  her 


106  IDAHO  EDUCATIONAL  INSTITUTIONS 

parents  or  guardian,  to  commute  such  punishment  by 
substituting  therefor  commitment  of  such  boy  or  girl 
to  the  Idaho  Industrial  Training  School,  during  the 
minority  of  such  boy  or  girl,  unless  sooner  discharged 
by  the  Board  of  Trustees,  under  regulations  as  herein 
provided.  But  should  a  boy  or  girl,  after  being  sent 
to  such  school,  persist  in  a  depraved  course,  or  escape 
therefrom,  it  shall  be  in  the  power  of  the  Governor, 
by  and  with  the  approval  of  the  Board  of  Pardons, 
to  revoke  such  commutation,  and  remand  him  or  her 
to  the  State  penitentiary  to  serve  out  his  or  her  unex- 
pired term,  and  the  time  so  spent  by  him  or  her  at  the 
said  school,  or  while  absent  on  an  escape  therefrom 
shall  not  be  considered  as  a  part  of  his  or  her  original 
commitment. 

(C.  L.  47:25.) 
2.  Ori^nal.     1903  Laws  23,  Sec.  35,  same  except  "an  escape"  sub- 
stituted for  "a  refugee." 

X.  Parole  —  Regulations — Recall — Release  to  Chil- 
dren's Home. 

1.  Code.  The  Board  of  Trustees  may  at  any  time 
discharge  or  release  such  boy  or  girl  on  trial  or  parole, 
but  in  all  cases  where  a  boy  or  girl  is  released  on  trial 
or  parole,  he  or  she  must,  at  stated  intervals, 
report  his  or  her  conduct  to  the  superintendent, 
and  present  certificate  of  good  behavior,  where- 
upon his  or  her  leave  is  extended.  It  shall  be  the  duty 
of  the  superintendent  to  recall  any  boy  or  girl  who 
may  not  be  conducting  himself  or  herself  properly,  or 
any  boy  or  girl  who  may  not  have  a  suitable  home; 
PROVIDED,  That  upon  the  request  of  the  superinten- 
dent of  the  Children's  Home  Finding  and  Aid  Society 
of  the  State  of  Idaho,  if  the  Board  of  Trustees  shall 
deem  it  wise  to  release,  absolutely,  any  boy  or  girl, 
such  board  may  do  so,  and  if  the  Board  of  Trustees 
shall  deem  it  to  the  best  interest  of  any  boy  or  girl  so 
released  to  transfer  such  boy  or  girl  to  the  home  of 
the  Children's  Home  Finding  and  Aid  Society  of  Idaho, 
such  board  shall  have  the  right  to  transfer  such" boy  or 
girl  from  the  Industrial  Training  School  to  said  chil- 
dren's home.  The  expense  of  transportation  of  such 
children  to  the  children's  home  and  the  maintenance 
of  such  children  when  received  by  such  home  shall  be 
paid  out  of  the  general  fund  of  the  State,  at  the  rate 
of  $100  per  child:  PROVIDED,  That  no  more  than 
$4000  shall  be  appropriated  for  said  purpose. 

(C.  L.  47:26.) 

2.  Original.  The  Board  of  Trustees  may  at  any  time,  if  a  boy 
or  girl  has  been  in  the  Idaho  Industrial  Reform  School  for  a  period 


IDAHO  EDUCATIONAL  INSTITUTIONS  107 

of  one  year,  discharge,  or  release  such  boy  or  girl,  on  trial  or  parole, 
but  in  all  cases  where  a  boy  or  girl  is  released  on  trial  or  parole, 
he  or  she  must  at  stated  intervals,  report  his  or  her  conduct  to  the 
superintendent  and  present  certificates  of  good  behavior;  whereupon 
his  or  her  leave  may  be  extended. 

It  shall  be  the  duty  of  the  superintendent  to  recall  any  boy  or 
girl  who  might  not  be  conducting  himself  or  herself  properly,  or  any 
boy  or  girl  who  may  not  have  a  suitable  home. 

(1903  L.  24,  Sec.  36.) 
3.  Amendment.     Amends   1903  Laws   24,   Sec.    36,   to   conform  to 
C.  L.  47:26. 

(1911  Laws  662.) 

XI.  Fugitives — Arrest. 

1.  Code.  Any  fugitive  from  said  institution  may  be 
arrested  and  returned  to  said  institution  by  any  offi- 
cer or  citizen. 

(C.  L.   47:27.) 

2.  Original.     1903  Laws  24,  Sec.  37,  same. 

XII.  Aid  to  Escape — Felony. 

1.  Code.  If  any  officer  or  employee  of  said  school, 
or  any  other  person,  shall  contrive,  procure,  and  con- 
nive at,  or  otherwise  voluntarily  suffer,  the  escape  of 
any  inmate  of  said  school,  every  such  person,  on  con- 
viction thereof,  shall  be  punished  by  imprisonment  in 
the  State  penitentiary  for  a  period  of  not  less  than  six 
months,  nor  more  than  two  years,  and  be  fined  in  a 
sum  not  exceeding  $1000. 

(C.  L.  47:28.) 

2.  Orig:inal.     1903  Laws  24,  Sec.  37,  same. 

XIII.  Commitment  Pending  Trial. 

1.  Code.  In  case  any  boy  or  girl  is  held  to  the  dis- 
trict court  upon  a  preliminary  examination  for  a  fel- 
ony, by  either  a  justice  or  probate  court,  such  justice 
or  probate  court,  before  committing  said  boy  or  girl  to 
the  jail  of  said  county,  in  case  an  undertaking  for  the 
appearance  of  said  boy  or  girl  to  the  district  court 
shall  not  be  given  as  provided  by  law,  shall  certify 
said  facts  to  the  judge  of  the  district  court  of  said  dis- 
trict, who  may  make  an  order  that  said  boy  or  girl  be 
committed  to  the  Idaho  Industrial  Training  School  to 
await  trial  for  said  offense,  in  lieu  of  committing  said 
boy  or  girl  to  the  jail  of  said  county. 

(C.  L.  47:29.) 

2.  Original.     1905  Laws  434,  Sec.  6,  identical. 

E.      Correction  of  Delinquent  Children. 

Note:  Excerpts  from  law  g-overning-  "Proceeding's  for  the  correction 
of  delinquent  children"  (C.  L.  Art.  18,  Chap.  38,  Sees.  266  to  279,  inc.) 
as  the  same  affect  the  Idaho  Industrial  Training  School. 


108  IDAHO  EDUCATIONAL  INSTITUTIONS 

I.  Temporary  Commitment. 

1.  Code.  In  any  case  of  a  delinquent  child  coming 
under  the  provisions  of  this  article  the  court  may  con- 
tinue the  hearing  from  time  to  time  and  may  commit 
the  child  *  *  *  to  the  Idaho  Industrial  Training 
School  *  *  *.  In  no  case  shall  a  child  proceeded 
against  under  the  provisions  of  this  article  be  commit- 
ted beyond  the  age  of  21.  A  child  committed  to  any 
such  institution  shall  be  subject  to  the  control  of  the 
board  *  *  *  and  the  said  board  shall  have  power  to 
parole  such  child  on  such  conditions  as  it  may  pre- 
scribe and  the  court  shall  on  the  recommendation  of 
the  board  have  pov^er  to  discharge  such  child  from 
custody  v^henever  in  the  judgment  of  the  court  his  or 
her  reformation  is  complete  ;***>> 

(C.  L.   38:271.) 

2.  Original.     1905  Laws  109,  Sec.  6,  same. 

3.  Amendment.     Re-enactment  of  1905  Laws  109. 

(1911  Laws  543.) 

II.  Commitment — Permanent — Parole — Pardon. 

1.  Code.  "When  *  *  *  ^he  *  *  *  probate 
court  shall  *  *  *  determine  that  such  child  is  a  juve- 
nile disorderly  person  within  the  meaning  of  this  article 
he  or  she  shall  be  committed  *  *  *  to  the  Idaho  In- 
dustrial Training  School  or  to  some  other  training 
school  *  *  *.  No  child  committed  to  any  reforma- 
tory shall  be  detained  beyond  his  majority  and  may 
be  discharged  sooner  or  paroled  by  the  trustees  or 
board  of  control  under  rules  and  restrictions  applic- 
able to  other  inmates.  Any  order  of  commitment  may 
be  suspended  by  the  judge  of  probate  court  during 
such  time  which  the  child  may  readily  attend  school 
and  properly  conduct  itself.  The  expenses  of  the 
transportation  of  the  child  to  the  juvenile  reformatory 
shall  be  paid  by  the  county  from  which  the  child  is 
committed." 

(C.  L.  38:276.) 

2.  Original.     1905  Laws  112,  Sec.  11,  same. 

3.  Amendment.     Re-enacts  1905  Laws  112,  supra. 

(1911  Laws  546.) 

III.  Definition  of  Delinquent  Child. 

1.  Code.  This  article  shall  apply  only  to  children 
under  the  age  of  18  years  not  inmates  of  a  State  in- 
stitution, or  any  institution  incorporated  under  the 
.  laws  of  the  State,  for  the  care  and  correction  of  delin- 
quent children.  The  record  of  the  census  made  by  the 
clerk  of  the  school  district  where  any  child  was  last 
enumerated  shall  be  prima  facie  evidence  of  the  age 


IDAHO  EDUCATIONAL  INSTITUTIONS  109 

of  such  child  for  the  purposes  of  this  article.  The 
words  "delinquent  child"  shall  include  any  child  un- 
der the  age  of  18  years  who  violates  any  law  of  this 
State,  or  any  city  or  village  ordinance ;  or  who  is  in- 
corrigible or  who  knowingly  associates  with  thieves, 
vicious  or  immoral  persons;  or  who  is  growing  up  in 
idleness  or  crime,  or  who  knowingly  visits  or  enters  a 
house  of  ill  fame ;  or  who  knowingly  patronizes  or  vis- 
its any  policy  shop  or  place  where  gambling  device  is, 
or  shall  be  operated;  or  who  patronizes  or  visits  any 
pool  room  or  bucket  shop,  or  who  wanders  the  streets 
in  the  night  time  without  being  on  any  lawful  business 
or  occupation;  or  who  habitually  wanders  about  any 
railroad  yards  or  tracks,  or  who  jumps  or  hooks  on  to 
any  moving  train,  or  enters  any  car  or  engine  without 
lawful  authority;  or  who  habitually  uses  vile,  obscene, 
vulgar,  profane  or  indecent  language,  or  is  guilty  of 
immoral  conduct  in  public  places  or  about  any  school- 
house.  Any  child  committing  any  of  the  acts  herein 
mentioned  shall  be  deemed  a  juvenile  delinquent  per- 
son, and  shall  be  proceeded  against  as  such  in  the 
manner  hereinafter  provided.  A  disposition  of  any 
child  under  this  article,  or  any  evidence  given  in  such 
cause  shall  not,  in  any  civil,  criminal  or  other  cause 
or  proceeding  whatever  in  any  court,  be  lawful  or 
proper  evidence  against  such  child  for  any  purpose 
whatever,  excepting  in  subsequent  cases  against  the 
same  child  under  this  article.  The  word  "child"  or 
"children"  may  mean  one  or  more  children,  or  the 
word  "parent"  or  "parents"  may  mean  one  or  both  par- 
ents when  consistent  with  the  intent  of  this  chapter. 

(C.  L.  38:266.) 

ARTICLE  IX. 

STATE  SCHOOL  FOR  THE  DEAF  AND  THE  BLIND 
A.      Early  Enactments. 

I.  Foreign  Education. 
1.  Original. 

a.  There  is  hereby  appropriated  annually  the 
sum  of  $3000.00  or  so  much  thereof  as  may  be 
necessary  for  the  education  of  the  deaf,  dumb, 
and  blind  of  the  State  under  the  direction  of  the 
State  Board  of  Education,  and  the  Treasurer  shall 
pay  the  same  on  the  warrant  of  the  Auditor  for 
that  purpose. 

b.  The  said  Board  of  Education  shall  enter  into 
contract  with  some  one  of  the  adjacent  States  or 


110  ,  IDAHO  EDUCATIONAL  INSTITUTIONS 

Territories  (having  an  institution  for  the  educa- 
tion of  the  deaf  and  blind)  for  the  education  of 
the  deaf,  dumb  and  blind  of  the  State  of  Idaho 
upon  the  most  economical  terms  possible. 

c.  It  shall  be  the  duty  of  the  Board  of  Educa- 
tion to  ascertain  the  number  of  deaf,  dumb  and 
blind  in  the  State,  of  school  age,  and  sound  mind 
and  body,  whose  parents  are  not  able  to  provide 
for  their  education,  and  as  soon  as  practicable 
thereafter,  take  the  necessary  steps  for  their  ed- 
ucation as  provided  for  in  Section  2  of  this  act. 

d.  The  State  or  Territory  in  which  such  institu- 
tions for  the  education  of  the  deaf,  dumb  and 
blind  is  located,  as  designated  by  the  State  Board 
of  Education,  shall  be  paid  from  the  appropria- 
tion made  in  Section  1  of  this  act  at  the  rate  of 
not  to  exceed  $300.00  a  year  for  each  scholar's 
instruction  and  board,  including  board  during  va- 
cation, on  the  certificate  of  the  State  Board  of 
Education  to  be  furnished  to  the  State  Auditor. 
e.  The  State  Board  of  Education  is  authorized  to 
provide  for  the  careful  examination  of  all  appli- 
cants for  examination  to  the  institution  desig- 
nated, and  to  order  and  certify  to  the  State  Audi- 
tor all  accounts  for  the  expenses  of  designating 
said  institution  and  conducting  examinations  and 
all  contingent  expenses  attending  the  same,  and 
the  accounts  thereof  shall  be  paid  from  the  ap- 
propriation for  this  purpose  made  in  Section  1  of 
this  act. 

(1891  L.  226,  Sees.  1  to  5,  inc.) 

2.  Amendment. 

a.  Re-enacted  1899  Laws  162. 
u,  b.  Repealed  1907  Laws  240. 

3.  Supplement. 

a.  It  is  hereby  made  the  duty  of  the  census  mar- 
shal in  each  school  district  in  the  State  of  Idaho 
when  he  shall  enumerate  the  children  of  school 
age  in  his  district,  to  carefully  ascertain  what 
children  in  that  district  are  deaf  and  blind  as  de- 
fined in  Section  2  of  this  act,  and  he  shall  note  the 
name,  age  and  sex  of  such  children,  also  the 
name  of  parents  or  guardians  or  other  person 
having  the  legal  or  actual  charge  of  such  child  or 
children  and  shall  report  the  same  to  the  county 
superintendent    of    public    instruction,    and    said 


IDAHO  EDUCATIONAL  INSTITUTIONS  111 

county  superintendent  of  public  instruction  shall 
include  these  items  in  his  annual  report  to  the 
State  Superintendent  of  Public  Instruction. 

b.  All  children  between  the  ages  of  6  and  24 
years  who  are  too  deaf  or  too  blind  to  be  edu- 
cated in  our  public  schools  shall  be  deemed  deaf 
and  blind  for  the  purposes  of  this  act. 

(1899  L.  462,  Sees.  1  and  2.) 

4.  Note. 

1907  Laws  241,  Sec.  6,  repeals : 

a.  1891   Laws  226. 

b.  1899  Laws  162. 

c.  1899  Laws  462. 

XL  Local  Education. 
1.  Original. 

a.  The  State  Board  of  Education  is  hereby  em- 
powered and  authorized  to  make  the  necessary 
arrangements  for  the  education  of  the  deaf, 
dumb  and  blind  of  this  State,  including  the  pro- 
viding of  a  suitable  building  therefor  and  equip- 
ping the  same  so  far  as  may  be  necessary,  includ- 
ing also  the  arranging  for  the  conveyance  of  the 
scholars  to  and  from  the  school,  at  the  expense  of 
the  State,  and  including  the  hiring  of  a  superin- 
tendent, instructors  and  employes,  and  the  fixing 
of  their  compensation  and  such  other  matter  as 
may  be  necessary  to  carry  into  effect  the  provi- 
sions of  this  act:  PROVIDED,  HOWEVER,  That 
the  State  Board  of  Education  may,  if  it  becomes 
necessary,  enter  into  contract  with  one  or  more  of 
the  adjacent  States  or  Territories  (having  an  in- 
stitution for  the  education  of  the  deaf,  dumb  and 
blind)  for  the  education  of  the  deaf,  dumb  and 
blind  of  the  State  of  Idaho,  upon  the  most  econ- 
omical terms  possible:  PROVIDED,  HOWEVER, 
That  if  it  should  become  necessary  to  make  any 
such  contract,  no  more  than  three  hundred  dollars 
($300)  per  year  shall  be  paid  for  each  scholar's 
instruction  and  board,  including  board  during 
vacation. 

(1907  L.  240,  Sec.  1.) 

b.  The  State  Board  of  Education  is  authorized 
to  provide  for  the  careful  examination  of  all  ap- 
plicants for  admission  to  the  school  to  be  pro- 
vided by  the  said  board  and  the  expenses  of  the 
said  examinations  and  all  other  expenses  in  con- 


112  IDAHO  EDUCATIONAL  INSTITUTIONS 

nection  with  the  education  of  the  deaf,  dumb  and 
blind,  under  the  authority  conferred  by  this  act, 
shall  be  paid  out  of  the  State  treasury,  as  pro- 
vided by  law. 

(1907  L.  240,  Sec.  2.) 

c.  All  children  between  the  ages  of  six  (6)  and 
twenty-one  (21)  years  and  who  are  too  deaf  or 
too  blind  to  be  educated  in  our  public  schools 
shall  be  deemed  deaf  and  blind  for  the  purposes 
of  this  act. 

(1907  L.  241,  Sec.  3.) 

d.  It  shall  be  the  duty  of  the  Board  of  Educa- 
tion to  ascertain  the  number  of  deaf,  dumb  and 
blind  persons  in  the  State,  as  defined  by  the  pre- 
ceding section,  and,  as  soon  as  practicable  there- 
after, to  take  the  necessary  steps  for  their  educa- 
tion, as  provided  for  in  this  act. 

(1907  L.  241,  Sec.   4.) 

e.  It  is  hereby  made  the  duty  of  the  census 
marshal  of  each  school  district  in  the  State  of 
Idaho,  when  he  shall  enumerate  the  children  of 
school  age  in  his  district,  to  carefully  ascertain 
what  children  in  that  district  are  deaf  or  blind, 
as  defined  in  Section  3  of  this  act,  and  he  shall 
note  the  name,  age  and  sex  of  such  child  or  chil- 
dren, also  the  name  of  parents  or  guardian  or 
other  person  having  the  legal  or  actual  charge  of 
such  child  or  children,  and  shall  report  the  same 
to  the  county  superintendent  of  public  instruc- 
tion and  said  county  superintendent  of  public  in- 
struction shall  immediately  report  the  same  to 
the  State  Superintendent  of  Public  Instruction. 

(1907  L.  241,  Sec.  5.) 

2.  Amendment 

a.  1909  Laws  379,  Sec.  15,  repeals  1907  Laws 
240. 

B.      Establishment  and  Creation. 

I.  Original  Act. 

1.  Creation  and  Location, 

a.  Code.  A  State  school  for  the  education  of 
the  deaf  and  the  blind  children  of  this  State  is 
hereby  established  near  Gooding,  in  Gooding 
county,  to  be  called  State  School  for  the  Deaf  and 
the  Blind. 

(C.  L.  46:1.) 

b.  Original.     A  state  school  for  the  education  of  the  deaf 


IDAHO  EDUCATIONAL  INSTITUTIONS  113 

and  blind   children  of  this  state  is  hereby  established,  to  be- 
called  "State  School  for  the  Deaf  and  the  Blind." 

(1909  L.   379,  Sec.   1.) 
c.  Reference.     That  the  State  Board  of  Education  is  hereby- 
authorized  and  directed  to  cause  to  be  erected  a  building  near 
Gooding-,  Idaho,  for  the  use  of  the  deaf  and  blind  to  be  a  part 
of  the  "Idaho  State  School  for  the  Deaf  and  the  Blind  *  *  ♦  ." 

(1911  L.  97,  Sec.  1.) 

2.  Site. 

a.  Original.  The  Governor  of  the  State  of 
Idaho  and  the  State  Board  of  Education  are 
hereby  empowered  and  authorized  to  select  a 
suitable  site  and  to  purchase  for  the  State  such 
lands  as  the  Board  may  deem  suitable  as  a  site 
for  said  school. 

(1909  L.  379,  Sec.  2.) 

3.  Buildings — Construction. 

a.  Original.     The  State    Board    of    Education 

shall  have  power  to  advertise  and  receive  bids  for 

the  building  of  said  building  and  to  let  contracts 

for  all  work  to  be  done  in  the  erection,  construct- 

«  ing  and  equipping  of  said  school. 

(1909  L.  379,  Sec.  2.) 

4.  Same — Control. 

a.  Code.  The  Board  of  Education  shall  have 
the  direction,  control,  and  management  of  said 
school. 

(C.  L.  46:2.) 
b.  Original.     19  09  Laws  379,  Sec.  2,  similar. 

5.  Transportation  to  School. 

a.  Code.  The  board  shall  arrange  for  the  con- 
veyance of  scholars  to  and  from  the  school  at  the 
expense  of  the  State. 

(C.  L.   46:2.) 

b.  Original.     19  09  Laws  379,  Sec.  2,  same. 

6.  Superintendent,  Teachers,  Etc. — Employment. 

a.  Code.  The  Board  of  Education  shall  hire  a 
superintendent,  instructors,  and  employes,  and 
fix  their  compensation. 

(C.  L.  46:2.) 

b.  Original.     1909  Laws  379,  Sec.  2,  same. 

7.  Rules  and  Regulations. 

a.  Code.  The  State  Board  of  Education  shall 
have  power  to  make  all  needful  rules  and  regu- 
lations to  carry  into  effect  the  general  powers  of 
management  and  control  hereby  conferred. 

(C.  L.  46:2.) 
b.  Original.     1909  Laws  379,  Sec.  2,  same. 


114  IDAHO  EDUCATIONAL  INSTITUTIONS 

8.  Admission  to  School. 

a.  Code.  The  State  Board  of  Education  is  au- 
thorized to  provide  for  the  careful  examination 

'  of  all  applicants  for  admission  to  the  school  to  be 
provided  by  said  board,  and  the  expenses  of  said 
examination  and  all  other  expenses  in  connection 
with  the  education  of  the  deaf  and  blind,  under 
authority  conferred  by  this  chapter,  shall  be  paid 
out  of  the  State  treasury,  as  provided  by  law. 

(C.  L.  46:3.) 

b.  Original.     1909  Laws  379,  Sec.  3,  substantially  the  same. 

9.  Definition  of  Deaf  and  Blind. 

a.  Code.  All  children  between  the  ages  of  6 
and  21  years  who  are  too  deaf  or  too  blind  to  be 
educated  in  our  public  schools,  shall  be  deemed 
deaf  and  blind  for  the  purposes  of  this  chapter. 

(C.  L.   46:4.) 

b.  Original.     1909  Laws  379,  Sec.  4,  same. 

10.  Census — Duty  of  Board. 

a.  Code.  It  shall  be  the  duty  of  the  Board  of 
Education  to  ascertain  the  number  of  deaf  and 
blind  persons  in  the  State  as  defined  by  the  pre- 
ceding section^ 

(C.  L.  46:5.) 

b.  Original.  It  shall  be  the  duty  of  the  Board  of  Educa- 
tion to  ascertain  the  number  of  deaf  and  blind  persons  in 
the  State  as  defined  by  the  preceding  section  and  as  soon  as 
practicable  thereafter,  to  take  the  necessary  steps  for  their 
education  as  provided  for  in  this  act. 

(1909  Laws  379,  Sec.  5.) 

11.  Same — Duty  of  Census  Marshal. 

a.  Code.  It  is  hereby  made  the  duty  of  the 
census  marshal  of  each  school  district  in  the  State 
of  Idaho,  when  he  shall  enumerate  the  children 
of  school  age  in  his  district,  to  carefully  ascer- 
tain what  children  in  that  district  are  deaf  and 
blind,  as  defined  in  Section  4  of  this  chapter,  and 
he  shall  note  the  name,  age  and  sex  of  such  child 
or  children,  also  the  name  of  parents  or  guardian 
or  other  person  having  the  legal  or  actual  charge 
of  such  child  or  children,  and  shall  report  the 
same  to  the  county  superintendent  of  public  in- 
struction, and  said  county  superintendent  of  pub- 
lic instruction  shall  immediately  report  the  same 
to  the  State  Superintendent  of  Public  Instruction. 

(C.  L.   46:6.) 

b.  Original.     1909  Laws  380,  Sec.  6,  substantially  the  same. 

c.  Note:  The  clerk  of  the  school  district  acts  as  census 
marshal. 

(C.  L.   38:97.) 


IDAHO  EDUCATIONAL  INSTITUTIONS  115 

C.      Endowment. 

I.  Temporary. 

1.  Note. 

1905  Laws  421  (C.  L.  51:3)  created  the  "State 
charitable  institutions  funds"  and  appropriated 
the  accruals  thereof  for  the  years  1905  and  1906 
to  the  support  and  education  of  the  deaf  and 
blind  in  accordance  with  the  provisions  of  1899 
Laws  162.     (See  Art.  IX-A-1-2,  supra.) 

2.  Decision. 

a.  ''With  reference  to  the  deaf  and  blind 
school,  it  does  not  appear  that  any  fund  has  been 
created  for  this  institution.  In  1905  an  appro- 
priation was  made  from  the  State  charitable  in- 
stitutions fund  for  the  education  of  the  deaf  and 
blind  in  the  State  for  the  years  1905  and  1906, 
but  no  further  appropriation  appears  to  have  been 
made  from  that  fund.  It  would  seem,  therefore, 
that  the  appropriation  in  the  1917  Laws  con- 
tains the  entire  appropriation  for  that  institution 
for  the  biennium. 

Evans  vs.  Van  Deusen,  31  I.  614,  174  P.  122. 

D.      Bonds. 

1.  $25,000  bond  issue  ''for  the  purpose  of  purchasing 
lands,  creating  and  equipping  a  suitable  building  for 
the  State  School  for  the  Deaf  and  the  Blind,"  secured  on 
the  faith  and  credit  of  the  State  and  paid  by  the  ad 
valorem  tax. 

(1909  L.   379.) 
(Refunded  1909  L.  309.) 

2.  $30,000  bond  issue  "for  the  purpose  of  supplying 
the  funds  necessary  for  erecting  a  building  near  Good- 
ing, Idaho,  for  the  use  of  the  deaf  and  blind  to  be  a  part 
of  the  Idaho  State  School  for  the  Deaf  and  the  Blind, 
which  building  shall  be  suitable  as  a  dormitory  and  con- 
tain classrooms  and  a  hospital,"  secured  on  the  faith  and 
credit  of. the  State  and  an  ad  valorem  tax. 

(1911  L.  97.) 

(Refunded  1911  L.  683;   1913  L.  486.) 

E.      Miscellaneous. 

I.  Insurance  Fund  of    *    *    *    Deaf,  Dumb,  and  Blind 
Asylum  Insurance  Fund. 

1.  Moneys  now  in  the  possession  of  or  which  may 
hereafter  come  into  the  possession  of  State  Auditor 
and  State  Treasurer  as  insurance  moneys  received  by 


116  .  IDAHO  EDUCATIONAL  INSTITUTIONS 

reason  of  laws  sustained  by  the  State  through  damage 
by  fire  to  the  State  Deaf,  Dumb  and  Blind  Asylum,  is 
directed  to  be  deposited  in  the  Deaf,  Dumb  and  Blind 
Asylum  insurance  fund. 

2.  Upon  authorization  of  the  State  Board  of  Ex- 
aminers the  Auditor  is  empowered  to  draw  warrants 
upon  such  funds. 

(1909  L.  21.) 

II.  National  Blind  Act. 

(See  act  of  Congress,  25  June,  1906;  34  S.  at  L. 
460.) 

ARTICLE  X. 

IDAHO  DECISIONS 

I.  Board  of  Regents  of  the  ITni\^rsity  of  Idaho  Lia- 
bility TO  Suit — Corporate  Existence — Contrac- 
tual Powers — Extent  and  Limits. 

1.  Liability  to  Suit. 

That  the  Board  of  Regents  of  the  University  of 
Idaho  could  sue  and  be  sued  was  presumed. 

(American  Bonding  Co.  vs.  Regents,  11  I,  163,  81  P.  604.) 

2.  Same. 

The  university  being  a  public  institution  and  its 
Board  of  Regents  being  vested  with  corporate  ex- 
istence and  plenary  powers,  among  which  are 
those  to  contract  and  to  incur  liability,  the  legis- 
lative intent  is  clearly  inferrable  that  as  respects 
claims  against  the  Board  of  Regents  of  the  Uni- 
versity of  Idaho,  the  immunity  of  the  State  from 
suit  should  be  waived  and  that  the  Board  of  Re- 
gents may  sue  and  be  sued. 

(Phoenix  Lumber  Co.  vs.  Regents,  197  Fed.  425.) 

(Cites:  American  Bond.  Co.  vs.  Regents,  11  L  163,  81  P.  604.) 

(Cites:  Sec.  10,  Art.  IX,  Constitution.) 

(Cites:   1889  L.  21;  C.  D.  488.) 

(Affirmed:   Interstate  Con.  Co.  vs.  Regents,   199  Fed.   509.) 

3.  Same 

The  Board  of  Regents  of  the  University,  under 
the  provisions  of  Sec.  3  of  1889  L.  21,  C.  L.  Sec. 
488,  and  Sec.  10  of  Art.  IX  of  the  Constitution,  is 
a  body  corporate  and  may  sue  and  be  sued. 

(Moscow  Hardware  Co.  vs.  Regents,  19  I.  420,  113  P.  731.) 
(Phoenix  Lumber  Co,  vs.  Regents,   197  Fed.  425.) 
(Affirmed:  Interstate  Con.  Co.  vs.  Regents,  19  9  Fed.  509.) 

4.  Limitation  on  Contractiml  Powers. 

The  Board  of  Regents  has  no  authority  what- 
ever to  incur  any  indebtedness  against  the  State, 


IDAHO  EDUCATIONAL  INSTITUTIONS  117 

directly  or  indirectly,  in  the  erection  of  university 
buildings  for  which  said  Board  has  no  funds 
available  to  pay. 

(Moscow  Hardware  Co.  vs.  Regents,  19  I.  420,  113  P.  731.) 
(Cited:  Interstate  Construction  Co.  vs.  Regents,  199  Fed.  509.) 

5.  Same. 

The  Board  of  Regents  under  Sec.  491  R.  C. 
(C.  L.  491)  is  authorized  to  expend  such  portion 
of  the  income  of  the  university  fund  as  it  may 
deem  expedient  for  the  erection  of  suitable  build- 
ings, etc.,  but  is  not  authorized  to  expend  for 
such  purpose  any  portion  thereof  that  has  been 
raised  or  appropriated  for  other  purposes. 

(Syllabus  No.  2  by  the  Court.) 

(Moscow  Hardware  Co.  vs.  Regents,  19  I.  420,  113  P.  731.) 

6.  Liability  on  Contract. 

When  the  Board  of  Regents  enter  into  a  con- 
tract, said  board  is  liable  to  the  process  of  the 
district  court  for  the  enforcement  thereof. 

(Moscow  Hardware  Co.  vs.  Regents,  19  I.  420,  113  P.  731.) 
(First  National  Bank  vs.  Regents,  19  I.  440,  113  P.  735.) 
(First  National  Bank  vs.  Regents,  26  I.  18,  140  P.  771.) 
(Affirmed:    Phoenix  Lumber  Co.   vs.    Regents,    197   Fed.   425; 
Interstate  Construction  Co.  vs.  Regents,  199  Fed.  509.) 

7.  Enforcement  of  Judgment  Against. 

Any  judgment  obtained  against  the  Board  of 
Regents  in  the  district  courts  is  enforceable 
against  any  funds  in  the  hands  of  the  board  or  its 
treasurer  that  are  available  for  the  payment  of 
such  a  claim  or  from  any  fund  which  said  board 
has  subject  to  appropriation  and  expenditure  for 
that  purpose. 

(Moscow  Hardware  Co.  vs.  Regents,  19  I.  420,  113  P.  731.) 

8.  Same. 

Any  judgment  obtained  in  the  district  court 
against  the  Board  of  Regents  for  the  payment  of 
which  the  Board  has  no  funds  available,  must  be 
brought  to  the  Supreme  Court  to  be  converted 
into  a  recommendatory  judgment  for  the  Legis- 
lature. 

(Moscow  Hardware  Co.  vs.  Regents,  19  I.  420,  113  P.  731.) 
(First  National  Bank  vs.  Regents,  19  I.  440,  113  P.  735.) 

9.  Liability  on  Contract. 

The  holding  of  the  court  in  Moscow  Hardware 
Co.  vs.  Regents,  19  I.  420;  113  P.  731  (see  6 
supra)  with  reference  to  the  liability  of  the 
Board  of  Regents  to  pay  claimants  for  material 
and  furnishings  is  affirmed. 

(First  National  Bank  vs.  Regents,  19  I.  440,  113  P.  735.) 


118  IDAHO  EDUCATIONAL  INSTITUTIONS 

10.  Same. 

The  holding  of  the  court  in  Moscow  Hardware 
Co.  vs.  Regents,  19  I.  420;  113  P.  731  (supra  6 
and  8)  in  reference  to  question  of  the  original 
jurisdiction  of  the  Supreme  Court  is  affirmed. 

(First  National  Bank  vs.  Regents,  19  I.  440,  113  P.  735.) 
(First  National  Bank  vs.  Regents,  26  I.  18,  140  P.  771.) 

11.  Liability  to  Suit. 

The  Board  of  Regents  of  the  University  of 
Idaho  may  sue  and  be  sued  and  in  the  district 
courts,  the  Supreme  Court  not  having  original  or 
exclusive  jurisdiction  of  such  suits. 

(Interstate  Construction  Co.  vs.  Regents,   199  Fed.   509.) 
(Follows:  Phoenix  Lumber  Co.  vs.  Regents,  197  Fed.  425.) 
(Follows:    Moscow  Hdw.   Co.  vs.  Reg.   19   I.   420,   113   P.   731.) 
(Cites:  American  Bond.  Co.  vs.  Regents,  11  I.  163,  81  P.  604.) 
(Cites:  Thomas  vs.  State,  16  I.  81,  100  P.  761.) 

12.  Enforcement  of  Contract. 

The  Board  of  Regents  is  a  body  corporate,  and 
may  sue  and  be  sued  and  when  it  enters  into  a 
contract  it  is  liable  to  the  process  of  the  district 
court  as  are  other  corporations  organized  under 
the  laws  of  the  State.  The  term  "district  court" 
includes  the  State  and  Federal  district  courts. 

(Interstate  Construction  Co.  vs.  Regents,   199  Fed.   509.) 

13.  Discharge  of  President,  Professors,  etc. 

The  power  of  the  Board  of  Regents  to  remove 
and  discharge  the  president,  any  professor,  in- 
structor, or  other  officer  of  the  university  when 
in  the  judgment  of  the  Board  the  interests  of  the 
university  require  it,  is  absolute  and  plenary 
under  Sec.  490  R.  C.  (C.  L.  490)  and  said  section 
is  a  part  of  all  contracts  employing  such  em- 
ployees of  the  university. 

(Hyslop  vs.  Board  of  Regents,  23  I.  341,  129  P.  1073.) 
(Shinn  vs.  Board  of  Regents,  23  I.  344,  129  P.  1074.) 

14.  Jurisdiction  of  Suits  Against. 

The  district  court  has  jurisdiction  to  try  cases 
brought  against  the  Board  of  Regents  of  the 
University  of  Idaho  (See  6  and  10  supra). 

(First  National  Bank  vs.  Regents,  26  I.  18,  140  P.  771.) 
(Reaffirms:   Moscow  Hdw.  Co.  vs.  Reg,,   19  I.   420,  supra.) 
(Affirms:   First  National  Bank  vs.  Regents,   19  I.  440,  supra.) 

15.  Present  Board  Successor  to  Former  Board. 

The  State  Board  of  Education  and  Board  of  Re- 
gents of  the  University  of  Idaho  created  by  1913 
L.  328,  is  the  successor  to  the  Board  of  Regents 
of  the  University  and  can  defend  any  action 
brought  against  the  former  Board. 

(First  National  Bank  vs.  Regents,  26  I.  18,  140  P.  771.) 


IDAHO  EDUCATIONAL  INSTITUTIONS  119 

16.  Conclusion. 

The  Board  of  Regents  is  a  corporation  with 
power  to  sue  and  liability  to  suit  in  any  court  of 
general  jurisdiction  upon  its  contracts  entered 
into  within  the  scope  of  its  authority. 

II.  Control  of  Federal  Aid  Appropriations — Board  of 

Education — Treasurer. 

1.  Board  Has  Exclusive  Control. 

The  exclusive  supervision  and  control  of  the 
moneys  granted  the  State  by  acts  of  (1)  2  July, 
1862  (12  S.  503)  ;  (2)  30  August,  1890  (26  S. 
417)  ;  and  (3)  4  March,  1907  (34  E.  1281)  is 
vested  under  existing  law  in  the  Board  of  Re- 
gents of  the  University  of  Idaho  and  the  desig- 
nated and  qualified  treasurer  thereof,  and  said 
funds  cannot  properly  be  placed  in  the  general 
funds  of  the  State. 

(Melgard  vs.  Bagleson  31  I.  411,  172  P.  655.) 
(Cites:   1909  L.  38;  C.  L.  496a.) 
(State  Board  vs.  Fuller  (Mich.)    147  NW.  529.) 
(Yale  vs.  Sanger  (CC.)   62  Fed.  177.) 

2.  Duty  of  state  Treasurer. 

The  duty  of  the  State  Treasurer  in  respect  to 
the  grants  made  by  the  First  and  Second  Morrill 
Acts  and  the  Nelson  amendment  thereto  is  a 
purely  clerical  and  ministerial  one,  namely  to 
immediately  transmit  said  funds  to  the  qualified 
treasurer  of  the  Board  of  Regents  of  the  Univer- 
sity of  Idaho. 

Melgard  vs.  Eagleson,  31  I.  411,  172  P.  655.) 

III.  Status  of  Educational  and  Endowment  Grants. 
1.  Grants  and  Beneficiaries. 

There  has  been  granted  to  the  State  by  the 
Idaho  Admission  Bill  and  in  relation  thereto  there 
has  been  created  by  the  acts  of  the  State  Legis- 
lature, the  follov^ing  grants  and  funds. 

Grant:   90,000  acres:  Agricultural  College   (Sec.  10,  26  S.  215). 

Fund:  Agricultural  College  Fund:  1905  L.  419;  1907  L.  27; 
1909  L.  38;    1911  L.  62. 

Grant:   72  sections:  University  (Sec.  8,  26  S.  215). 

Fund:  University  Fund   (1905  L.  417). 

Grant:   50,000  acres:  University  (Sec.   11,  26  S.  215). 

Fund:  University  fund   (1905  L.  417). 

Grant:  100,000  acres:  Scientific  School  (Sec.  11,  26  S.  215). 

Fund:  Scientific  School  Fund   (1905  L.  418;   1907  L..  26). 

Grant:  100,000  acres;  Normal  School   (Sec.  11,  26  S.  215). 

Fund:  Normal  School  Fund  (1905  L.  393). 

Grant:   150,000  acres:  Charitable,  etc.   (Sec.  11,  26  S.  215). 

Fund:  Academy  of  Idaho  Fund  (1905  L.  409);  Idaho  Indus- 
trial Training  School  Fund  (1905  L.  415);  State  Charitable  In- 
stitutions Fund    (1905  L.   421,  temporary). 

(Evans  vs.  Van  Deusen,  31  I.  614,  174  F.  123.) 


120  IDAHO  EDUCATIONAL  INSTITUTIONS 

2.  Power  of  Appropriation  of. 

The  funds  referred  to  in  1  supra  are  created 
trust  funds  by  the  Constitution  and  are  not  strictly- 
speaking  subject  to  appropriation  by  the  Legis- 
lature. 

(Evans  vs.  Van  Deusen  31  I.  614,  174  P.  122.) 

3.  Duty  of  Legislature  in  re. 

The  Legislature  is  required  to  provide  the 
method  by  which  said  grants  are  to  be  made 
available  to  the  purposes  for  which  granted  and 
the  only  concern  of  the  courts  therein  is  to  pre- 
vent the  diversion  of  the  grants  from  the  objects 
or  purposes  for  which  granted. 

(Evans  vs.  Van  Deusen  31  I.  614,  174  P.  122.) 
Note:     Legislature  has  made  such  provision  in  creating  fund 
and  making  perpetual  appropriation  in  1  supra. 

4.  Not  Transferred. 

The  provisions  of  the  appropriation  measure  of 
the  14th  session  (1917  L.  215)  do  not  authorize 
the  transfer  of  the  special  funcis  (see  1  supra)  to 
any  other  fund  in  the  treasury. 

(Evans  vs.  Van  Deusen  31  I.  614,  174  P.  122.) 

5.  Deaf  and  Blind  School. 

The  appropriation  of  1905  L.  421  of  9/30s  of 
charitable  institutions  fund  to  education  of  deaf, 
dumb  and  blind  is  temporary. 

(Evans  vs.  Van  Deusen  31  I.  614,  174  P.  122.) 

6.  Albion  State  Normal  School. 

The  perpetual  appropriation  of  the  Albion  Nor- 
mal School  fund  is  sufficient  to  justify  drawing 
of  warrants  for  properly  allowed  claims  against. 

(Evans  vs.  Huston  27  I.  559,  150  P.  14.) 

(Cited  in  Evans  vs.  Van  Deusen,  31  I.  614,  174  P.  122.) 

7.  Morrill — Agricultural  College — Grant. 

The  phrase  "as  provided  in  the  acts  of  Con- 
gress making  donations  of  lands  for  such  pur- 
pose" (as  appearing  in  Sec.  10  of  Idaho  Admission 
Bill  (26  S.  215)  wherein  90,000  acres  are  granted 
to  the  State  for  an  agricultural  college)  is  inter- 
preted to  refer  to  the  First  Morrill  Act  (2  July, 
1862;  12  S.  503.) 

(Evans  vs.  Van  Deusen  31  I.  614,  174  P.  122.) 

8.  Reason  Grants  Not  Accepted  by  Constitution, 

Our  State  Constitution  was  adopted  some  time 
before  the  Idaho  Admission  Bill  was  passed,  and 
for  that  reason  we  find  no  direct  acceptance 
therein  of  any  land  grants  made  to  the  State  for 


IDAHO  EDUCATIONAL  INSTITUTIONS  121 

educational  purposes,  but,  of  course,  in  our  Ad- 
mission Bill  as  a  State,  the  terms  of  such  grants 
as  therein  provided  had  been  accepted  by  the 
State,  and  the  provisions  of  Section  4,  Art.  IX,  of 
our  Constitution  are  broad  enough  to  include  all 
grants  for  educational  purposes. 

(Roach  vs.  Gooding,  11  I.  253,  81  P.  642.) 

IV.  Albion  State  Normal  School  Appropriations — 
Board  of  Trustees — Actions  Against — Jurisdic- 
tion. 

1.  Liability  to  Suit. 

The  provision  in  the  act  creating  the  Albion 
State  Normal  School  that  the  "Board  of  Trustees 
may  sue  and  be  sued"  (Sec.  519  R.  C;  Sec.  519 
C.  L.)  is  a  v^aiver  of  the  immunity  of  the  State 
from  suit. 

(Thomas  vs.  State,  16  I.  81,  100  P.  761.) 

2.  Supreme  Court  Jurisdiction  Exclusive — When. 

While  the  State  has  consented  that  the  Board 
of  Trustees  of  the  Albion  State  Normal  School  may 
sue  and  be  sued,  yet  if  the  action  be  one  in  the 
nature  of  a  claim  against  the  State,  said  action 
must  be  brought  in  the  Supreme  Court  under  Sec. 
10  of  Article  V  of  the  Constitution. 

(Thomas  vs.  State,  16  I.  81,  100  P.  761.) 

3.  Jurisdiction  of  District  Courts  Denied — When. 

The  Supreme  Court  has  exclusive  and  the  dis- 
trict court  no  jurisdiction  of  an  action  involving 
a  claim  against  the  State. 

(Thomas  vs.  State,  16  I.  81,  100  P.  761.) 
(See  Art.  X,  I  supra.) 

4.  District  Court  Jurisdiction  Admitted — When, 

Whenever  the  action  does  not  involve  a  claim 
against  the  State,  the  courts  of  general  and  com- 
petent jurisdiction  may  take  cognizance  thereof. 

(Thomas  vs.  State,  16  I.  81,  100  P.  761.) 

5.  Claims  Against  State — Procedure  For. 

Claims  against  the  State  for  money  recovery 
must  be  presented  first  to  the  State  Board  of  Ex- 
aminers and  if  disallowed  action  thereon  must 
be  brought  in  the  Supreme  Court  for  recommenda- 
tory judgment  thereon. 

(Thomas  vs.  State,  16  I.  81,  100  P.  761.) 

6.  Normal  Fund  Appropriation  Perpetual. 

1905  L.  393  creating  normal  school  fund  ef- 
fectually appropriated  the  avails  to  the  perpetual 


122  IDAHO  EDUCATIONAL  INSTITUTIONS 

benefit  of  the  beneficiaries  named  therein  until 
such  time  as  the  Legislature  expressly  repeals  the 
same  or  does  so  through  necessary  implication. 
Such  repeal  is  not  found  in  the  general  appropri- 
ation bill  of  1915  (1915  L.  337)  nor  prior  appro- 
priation. 

(Evans  vs.  Huston,  27  I.  559,  150  P.  14.) 

7.  S(i7ne — Effect  of  Legislative  Appropriation  On. 

The  appropriation  measure  of  the  12th  session 
(1913  L.  637)  does  not  interfere  with  the  per- 
petual appropriation  of  one-half  of  the  normal 
school  fund  (1905  L.  393)  to  the  Albion  State 
Normal  School. 

(Evans  vs.  Huston,  27  I.  559,  150  P.  14.) 

8.  Same — Balance  Remaining  Available. 

The  balance  in  the  normal  school  fund  at  end 
of  a  biennium  to  the  credit  of  a  beneficiary  of 
said  fund  may  be  expended  for  the  purposes  of 
the  ensuing  biennium. 

(Evans  vs.  Huston,  27  I.  559,  150  P.  14.) 

9.  Trustees  Not  Body  C  my  or  ate. 

Power  granted  Board  of  Trustees  to  sue  and 
liability  of  suit  imposed  thereon  but  said  Board  is 
not  expressly  created  a  body  corporate. 

(Phoenix  Lumber  Co.  vs.  Regents,  197  Fed.  428.) 

10.  Conflicting  Points  Discussed. 

A  conflict  between  Thomas  vs.  State  (16  I.  81; 
100  P.  761)  (which  holds  that  power  to  sue  and 
be  sued  granted  Board  of  Trustees  of  Albion  Nor- 
mal School  means  only  in  the  Supreme  Court  un- 
der Sec.  10,  Art.  V,  Constitution)  and  Moscow 
Hardware  Co.  vs.  Regents  (19  I.  420;  113  P.  731) 
(which  holds  that  the  suitor  against  the  Board 
of  Regents  must  bring  action  in  the  district  court) 
is  pointed  out  and  the  similarity  between  the  lat- 
ter case  and  Phoenix  Lumber  Co.  vs.  Regents 
(197  Fed.  425)  is  noted.  Decision  follows:  Phoe- 
nix Lumber  Co.  vs.  Regents,  197  Fed.  425.) 

(Interstate  Construction  Co.  vs.  Regents  199  Fed.  511.) 

V.  Lewiston  State  Normal  School — Board  of  Trus- 
tees— Suits  Against. 

1.  Enforcement  of  Judgment  Against. 

A  judgment  against  trustees  of  Lewiston  State 
Normal  School  is  enforceable  against  property  of 
the  school. 

(Phoenix  Lumber  Co.  vs.  Regents,   197  Fed.  42  9.) 


IDAHO  EDUCATIONAL  INSTITUTIONS  123 

VI.  University    Grant — Expenditure  From — Purposes 

— Limits. 

1.  Application  of  Section  5,  Admission  Billy  to  Sec.  S 

Thei^eof. 

Sec.  5  of  the  Admission  Bill  (26  S.  215)  places 
all  proceeds  of  grants  of  lands  for  educational 
purposes  in  a  permanent  school  fund,  permitting 
the  expenditure  only  of  the  income  therefrom  for 
the  support  of  the  schools,  and  this  section  applies 
to  the  grant  of  72  sections  for  university  purposes. 

(Sec.  8,  26  S.  215.) 

(Roach  vs.  Gooding  11  I.  244,  81  P.  642.) 
(Cites:  State  vs.  Maynard  (Wash.)   71  P.  775.) 
(Cites:  State  vs.  McMillan  (N.  D.)   96  NW.  310.) 
(Distinguishes:  Stein  vs.  Morrison,  9  I.  426,  75  P.  246.) 
(See  Pike  vs.  St.  B.  of  L.  Com.  19  I.  268,  113  P.  447.) 

2.  University  Grant  Available  for  Support  But  Not 
Building. 

Expression  ''for  university  purposes''  (Sec.  8) 
and  ''in  the  support  of  said  schools''  (Sec.  5)  of 
said  act  (26  S.  215)  interpreted  to  mean  "current 
expenses"  and  not  "erection"  or  "construction" 
of  buildings  or  "equipment"  thereof. 

(Roach  vs.  Gooding,  11  I.  244,  81  P.  642.) 
(Cites:  Sheldon  vs.  Purdy  (Wash.)    49  P.  230.) 
(Cites:  Mitchell  vs.  Colgan  (Cal.)  54  P.  905.) 
(Cites:  State  vs.  McMillan  (N.  D.)    96  NW.  310.) 

3.  Same. 

A  bond  issue  for  erection  and  equipment  of 
buildings  which  provides  that  either  the  income 
or  principal  of  the  proceeds  of  the  university 
grant  of  72  sections  shall  be  used  to  retire  the 
same,  contravenes  the  Constitution  of  Idaho  and 
the  provisions  of  the  Federal  grants. 

(Roach  vs.  Gooding,  11  I.  244,  81  P.  642.) 

4.  University  Buildings — Payment  For. 

The  buildings  at  the  university  must  be  built  at 
the  cost  of  the  State  and  not^  out  of  moneys 
granted  the  State  by  the  acts  of  2  July,  1862  (12 
S.  503)  or  of  18  February,  1881  (21  S.  326)  or 
of  3  July,  1890  (26  S.  215). 

(Roach  vs.  Gooding,  11  I.  244,  81  P.  642.) 

VII.  Public  Schools  Defined. 

1.  ''Public  Schools" — Term  Expansive. 

"The  public  schools  of  the  State  include  the  lit- 
tle log  cabin  in  the  remote  district  as  well  as  the 
magnificent   normal   schools,    academy,    and    the 


124  IDAHO  EDUCATIONAL  INSTITUTIONS 

State  University.     The  university  is  as  much    a 
public  school  as  is  the  district  school." 

(Roach  vs.  Gooding,  11  I.  244,  81  P.  642.) 

(See  Pike  vs.  St.  B.  of  L.  Com.  19  I.  268,  13  P.  447.) 

2.  Same — Ter7n  Limited. 

The  "public  schools  of  the  State"  as  expressed 
in  Sec.  2  of  Art.  IX,  Constitution  of  Idaho,  denotes 
"public  free  common  schools"  or  "district 
schools  established  for  the  training  and  instruc- 
tion of  youth  in  the  primary  and  elementary 
branches  of  learning." 

(Pike  vs.  S.  B.  of  L.  Com.  19  I.  268,  113  P.  447.) 
(See  Roach  vs.  Gooding,  11  I.  244,  81  P.  642.) 

3.  Same — Application  of  Constitution. 

The  first  five  sections  of  Art.  IX  of  the  Consti- 
tution of  Idaho  deal  only  with  the  public,  free  and 
common  schools. 

(Pike  vs.  S.  B.  of  L.  Com.  19  I.  268,  113  P.  447.) 
(See  Roach  vs.  Gooding,  11  I.  244,  81  P.  642.) 

4.  Note. 

(1)  As  originally  adopted,  Section  2  of  Article  IX  of  the  Con- 
stitution of  Idaho  reads,  "The  general  supervision  of  the  public 
schools  of  the  State  shall  be  vested  in  a  board  of  education  ..." 

(2)  Pike  vs.  S.  B.  of  I.  Com  supra,  was  decided  while  Section  2 
of  Article  IX  as  above  was  extant. 

(3)  In  1912,  Amendment  No.  7  was  adopted  and  became  ef- 
fective, reading,  in  part,  "The  general  supervision  of  the  State 
educational  institutions  and  public  school  system  of  the  State  of 
Idaho  shall  be  vested  in  a  State  Board  of  Education  ..." 

VIII.  University  Grant — Constitutional  Limitations. 

1.  Grant  Existing  When  ConMitution  Adopted. 

At  the  time  the  Constitution  of  Idaho  was 
framed,  the  only  grants  in  existence  and  contem- 
plated thereby  were  those  of  Sec.  16  and  Sec.  36 
for  common  schools  and  72  sections  to  the  Uni- 
versity. 

(Pike  vs.  S.  B.  of  L.  Com.  19  I.  268,  113  P.  447.) 

2.  Application  of  Sec.  8  of  Art.  IX  of  Constitution. 

The  limitations  in  Sec.  8  of  Art.  IX  of  the  Con- 
stitution against  the  sale  of  more  than  25  sections 
of  school  lands  in  any  one  year,  relates  only  to 
the  grant  for  the  support  of  the  common  schools 
(Sec.  16  and  Sec.  36  and  lieu  selections)  and  does 
not  apply  to  the  grants  for  the  university,  normal 
schools  or  colleges,  etc. 

(Pike  vs.  S.  B.  of  L.  Com.  19  I.  268,  113  P.  447.) 

3.  University  Grant — No  Limit  on  Amount  of  Sale. 

There  is  na  limit  prescribed  by  Sec.  10  of 
Art.  IX  of  the  Constitution  in  the  number  of  acres 


IDAHO  EDUCATIONAL  INSTITUTIONS  125 

of  university  land  which  can  be  sold  in  any  year: 

(Pike  vs.  S.  B.  of  L.  Com.  19  I.  268,  113  P.  447.) 

4.  Note, 

Carried  to  its  necessary 'conclusion,  Pike  vs.  S.  B.  of  L.  Com. 
holds  that  the  limitations  contained  in  Sees.  1  to  5,  inclusive,  and 
in  the  last  proviso  to  Sec.  8  of  Article  IX  of  the  Constitution  do 
not  apply  to  the  lands  granted  by  Sec.  8,  Sec.  10  and  Sec.  11  of 
the  Admission  Bill. 

5.  Note, 

(a)  The  following  are  noted  as  points  of  conflict  and  of  dis- 
tinguishment  between: 

Roach  vs.  Gooding,  11  I.  244,  81  P.  642,  and  Pike  vs.  S.  B. 
of  L.  Com.  19  I.  268,  113  P.  447. 

(b)  Roach  vs.  Gooding  construed  Section  5  of  the  Idaho  Ad- 
mission Bill  as  applicable  to  all  educational  grants  made  by  said 
bill  and  hence  limiting  expenditure  of  income  to  the  support 
("current  expense,"  etc.)  of  the  beneficiaries  of  the  grants  and 
not  authorizing  expenditure  thereof  to  building  and  equipping 
the  beneficiaries. 

(c)  Pike  vs.  S.  B.  of  L.  Com.  supra  construes  the  limitation  in 
Sec.  8  of  Article  IX  of  the  Constitution  regarding  the  maximum 
sale  per  annum  of  lands,  as  applying  only  to  grant  of  Sec.  16 
and  Sec.  3  6  (and  lieu  selections). 

(d)  Roach  vs.  Gooding  defines  school  as  used  in  the  Admission 
Bill  (Sec.  5)  to  include  all  State  schools  and  institutions  bene- 
fited by  the  Admission  Bill. 

(e)  Pike  vs.  S.  B.  of  Lr.  Com.  defines  "public  school"  and 
"school"  as  used  in  the  Constitution  to  be  distinct  from  univer- 
sity academy,  college  normal,  etc. 

(f)  Roach  vs.  Gooding  extends  "public  school  fund"  as  defined 
in  Sec.  4  of  Article  IX  of  the  Constitution  as  including  all  grants 
to  the  State  for  educational  purposes,  while  Pike  vs.  S.  B.  of  L. 
Com.  excludes  Sec.  4  of  Article  IX  from  application  to  univer- 
sity, normal,  college,  etc.,  grants. 


APPENDIX 
I 

TABLE  OF  CASES  CITED 


American  Bonding  Co.  vs.  Regents,  (Ida)   11  I.  163;  81  P.  604.  .  .  . 

39,    116,    118 

Brown  Univ.  vs.  Rhode  Island  Col.,  (C.  C.)  56  F.  55 31,   33 

Carlson  vs.  Mullen,  (Ida)   29  I.  795;  162  P.  332 21 

Cornell  vs.  Fiske,    (N.  Y.)    19  NE.   233 32,   33 

Cornell  vs.  Fiske,  (U.  S.)    34  L.  Ed.  427 32,33 

Evans  vs.  Houston,  (Ida)   27  I.  559;  150  P.  14 81,   120,   122 

Evans  vs.  VanDeusen,  (Ida.)  31  I.  614;  174  P.  122 

27,  28,  29,  30,  31,  50,   52,  115,   119,  120 
First  N.  B.  vs.  Regents,  (Ida.)   19  I.  440;   113  P.  735..    39,    42,   117,   118 

First  N.  B.  vs.  Regents,  (Ida.)  26  I.  15;  140  P.  771 

7,    9,    38,    42,    117,    US 

Hyslop  vs.  Board,  (Ida.)  23  I.  341;   129  P.  1073 41  and  US 

In  re  Agricultural  Funds,   (R.  I.)   21  Atl.  916 32,   33 

interstate  Const.  Co.  vs.  Regents,  (U.  S.  D.)   199  Fed.  509 

39,   42,    116,   118,   122 

McNee  vs.  Donohue,  (U.  S.)  35  L.  Ed.  1122 31,   33 

Marks  vs.  Trustees,   (Ind.)   37  Ind.  155 32,   33 

Mass.  Ag.  Col.  vs.  Marden,  (Mass.)   30  NE.  555 31,   33 

Melgard  vs.  Eagleson,   (Ida.)  31  I.  411;   172  P.  655.    31,   32,    40,   53,   119 

Mitchell  vs.  Colgan,   (Cal.)   54  P.  905 123 

Moscow  Hdw.  Co.  vs.  Regents,  (Ida.)    19  I.  420;   113  P.  731 

39,    42,    116,    118,    122 

O.  S.  L.  vs.  Minidoka  County,   (Ida.)    28  I.   214;   153  P.  424 13 

People  vs.  Davenport,  (N.  Y.)   30  Hun.  177 32,    33 

People  vs.  Davenport,  (N.  Y.)   23  N.  E.  664 32,   33 

Phoenix  L.  Co.  v.  Regents  (U.  S.  D.)  197  Fed.  425.  .    39,  42,  116,  118,  122 

Pike  vs.  State  Board,   (Ida.)  19  I.  26;   113  P.  427 7,    123,    134,    125 

Roach  vs.  Gooding,   (Ida.)    11  I.  244;  81  P.  642.    55,    121,    123,    124,    125 

Sheldon  vs.  Purdy,   (Wn.)    49   P.   230 123 

Shinn  vs.  Board,   (Ida.)   23  I.  344;   129  P.  1074 41,   118 

State  vs.   Bryan,   (Fla.)    30  So.   929 31,   33 

State  vs.  Brain,  (Neb.)   120  NW.  916 32,   33 

State  vs.   Clausen,    (Wn.)    99  P.  743 32,   33 

State   Board  vs.  Fuller   (Mich.)    147  NW.  529 32,   33 

State  vs.   Maynard,   (Wn.)   71  P.   775 123 

State  vs.   McMillen,   (N.  D.)    96  NW.  310 123 

State  vs.  Vicksburg,    (Miss.)    51   Miss.    361 32,   33 

Stein  vs.  Morrison,   (Ida.)    9  I.   425 ;   75  P.  246 123 

Thomas  vs.  State,  (Ida.)   16  I.  81;   100  P.  761 39,   75,    118,    121,   122 

Wood  vs.  Independent  Dist.,   (Ida.)    21  I.  734;   124  P.  780 96 

Wyoming  ex  rel  vs.  Irvine,    (Wyo.)    84  P.   90 31,   33 

Wyoming  ex  rel  vs.  Irvine,   (U.  S.)   51  L.  Ed.  1063 31,    33 

Yale  vs.  Sanger,   (C.  C.)    62  Fed.   177 32,    33 


APPENDIX 
II 

INDEX 


A. 

Subject                                                                                           Section  Page 

Academy    of    Idaho See  Idaho  Technical  Institute 

Adams  Act I-2-f  34 

IV  53 

Agents,  County 66  IS 

E-4  58 

Agricultural  College    See  University  of  Idaho 

Agricultural  College  Fund C-II  27 

I-l-c  31 

II-3  50 

Agricultural   College  Grant II-c  27 

I-l-c  31 

II-l  50 

Agricultural   Extension    62  17 

B-I  33 

Agricultural  Schools 64  18 

Albion  State  Normal  School 

Board  of  Trustees See   Trustees,  below 

Bonds D  81 

Buildings     VIII  75 

Certificates XIII  76 

Courses XIII  76 

Created I  71 

Diplomas     XIII  76 

Endowment    , B  79 

Funds    IX  75 

X  75 

II-l  79 

Lecture  Courses    XVIII  7S 

Model  Schools    XV  77 

Nonresidents     , XVII  77 

Nonsectarian   institution XXII  79 

President XII  76 

Principal XII  76 

Property VI  74 

Pupils XVI  77 

XVII  77 

Purpose II  71 

Residents XVI  77 

Site    Ill  72 

I  SI 

II  SI 


130  INDEX 

Subject                                                                                           Section  Page 

Special  Fund   E  82 

Students    XVI  77 

XVII  77 

Suit,  liability  to VII  75 

Teachers   , XII  76 

Textbooks XIV  1  7 

Training   Schools XV  77 

Trustees 

Board    VI  72 

Election,   President     XII  76 

Election,  Teachers    XII  7G 

Expenses XIX  78 

Meetings XI  70 

Officers VII  74 

Powers VI  74 

President    XII  76 

Proceedings VII  74 

Qualifications V  73 

Removal,   President XII  76 

Report XXI  78 

Suit,   liability  to VII  74 

Teachers XII  76 

Vacancy    XXII  78 

Tuition    XVII  77 

Army   Officers    I-2-c  31 

B. 

Blind,  defined 9  114 

Blind    (See   School  for  the   Deaf  and  Blind) 

Board  of  Education,  (as  Board  of  Trustees,  see  particular  institution) 

Board    of    Education 3  6  13 

Advisory  Commission 62  17 

Agricultural    Extension    61  17 

Budget     6  23 

Buildings     31  13 

Business   Agent    5  22 

By-laws     C  19 

Central  Offices    1  23 

Certificates,  Records  of 54  10 

Certification    44  14 

Commissioner  of  Education 3  22 

Commissioner  of  Education (See  under  "Powers,"  below) 

Committees,   General    2B  21 

2C  22 

Committees,  Institutional    2  21 

Committees    7  20 

Courses  of  Study 32  13 

33  13 

34  13 
38  14 

40  14 

41  14 


INDEX 


131 


Subject  Section 

Creation,   Constitutional A-1 

Creation,   Statutory B-1 

Duties     9 

Duties    (See  under  "Powers, 

Employees   29 

Establishment (See   under  "Creation, 

Examinations,    Teachers    50 

Executive  Committees    7   • 

Expenses 8 

Expenditures    30 

Experimental   Farm    63 

Extension,  Agricultural    62 

Headquarters     B-3 

Health    Control    .  .* 46 

Honorarium    ' 8 

Institutes     56 

Institutional  Committees 2 

Library  Commission 45 

Meetings 

Regular 7 

Special    7 

Time  of 2 

Place  of 4 

5 

Members,    Removal     6 

Membership    B-2 

Minutes    8 

^  Offices    1 

"^  Officers     28 

1 

Order    of    Business 3 

Penitentiary  Education    58 

Powers,    General A-1 

Powers 

Commissioner 

Executive  Powers 

Budget     27 

Certification    44 

Child  Conservation     46 

Child  Labor    46 

Compulsory  Education 46 

Construction    31 

Expenditure    2  8 

Furniture     47 

Health    46 

Institutional  Supervision    3  8 

Reports    49 

Sanitation    47 

School   Buildings    47 

School   Supervision    32 

State   Library   Commission 45 


Page 

7 

7 

10 

below) 

12 

supra  "> 

15 

20 

10 

12 

18 

17 

S 

15 

10 

16 

21 

15 


10 
10 
19 
19 
8 


7 
20 
23 
12 
19 
19 
16 

7 


12 
14 
15 
15 
15 
13 
12 
15 
15 
14 
15 
15 
15 
13 
15 


132  INDEX 

Subject                                                                                           Section  Page 

Summer  Normals    43  14 

Teachers'  Institutes 43  14 

Textbooks    42  14 

Qualifications    10  10 

Removal    10  10 

Tenure 10  10 

Presidents,   Duties  of 4  22 

Printing     . 2  24 

Qualifications    B-2  7 

Quorum 5  20 

Records    of   Certificates 54  16 

Regulations     C  19 

Removal  of  Members 6  8 

Report,    Annual     '. 59  17 

Rules    ; C  19 

Rules  of   Order 9  20 

Successors  to   Regents B-3  7 

Summer  Normals    43  14 

Supplies     2  24 

Teachers'    Examinations    50  lt> 

Tenure B-2  7 

Textbooks 42  14 

Vocational  Education 39  14 

Board   of  Regents (See  Board  of  Education) 

Board   of  Regents    (See    University    of  Idaho) 

Board  of  Trustees (See  Board  of  Education) 

Board  of  Trustees    (See    Particular    Institution) 

Business  Agent    (See  Board  of  Education) 

Business  Agent    5  22 

C. 

Caldwell  Experiment  Farm 65  18 

2  57 

Carnegie   Foundation    68  18 

5  59 

Census .  (See  School  for  Deaf  and  Blind) 

Charitable   Institutions  Fund    (See  Institutional  Fund) 

Charitable  Institutions  Grant     (See    Institutional    Grant) 

Children's  Home    10  106 

Coeur   d'Alene   Farm 67  18 

1  50 

Commissioner  of  Education 3  22 

10  10 

(See  Board  of  Education) 

Commitment     (See  Idaho  Industrial  Training  School) 

Common    School    Fund A-1  25 

Confinement     (See    Commitment) 

County  Agents 66  18 

4  58 


INDEX  133 

D. 

Subject  Section  Pay^e 

Deaf,  Defined 9  114 

Deaf    and    Blind (See  School  for  Deaf  and  Blind) 

Decisions     X  116 

Decisions     (See  particular  subjects) 

Delinquent  Children    E  107 

Delinquent  Children (See  Idaho  Industrial  Training  School) 

Department    of    Education. (See  Board  of  Education) 

Depository    Law G-I  30 

Dumb (See  School  for  Deaf  and  Blind) 

E. 

Endowments     Art.  II  25 

(See  particular  institution) 
(See  particular  grant  or  fund) 

Experimental    Farms    ,  ....  63  18 

65  18 

67  18 

C-1  33 

Experiment   Stations    (See  Experimental  Farms) 

Extension  Department (See  Board  of  Education) 

(See  Extension  Work) 

Extension   Work    B-1  33 

62  17 

F. 

First  Morrill  Act (See  Morrill  Act,  First) 

Funds     Art.  II  25 

(See  particular  institution,  grant  or  fund) 

H. 

Hatch  Act C-I  33 

C-III  53 

High  Altitude   Experiment  Farm 63  18 

E-3  58 

I. 

Idaho  Industrial  Training  School 

Bonds     C  9'J 

Buildings     7  93 

Commitment 

Appeal    VII  105 

Discharge    VIII  105 

Grounds I  100 

Jurisdiction VII  105 

Order  of    V  102 

Order  to  Show  Cause II  100 

Pardon     VIII  105 

X  106 

Parole    VIII  105 

X  106 


134  INDEX 

Subject  Section  Pago 

Service  of   Order  of Ill  10 1 

Temporary    . XIII  107 

I  108 

Temporary  Custody    VI  104 

Term    of    VIII  105 

I  lOS 
Transfer     IX  10 '. 

X  106 

Conveyance    to    school ; VI  104 

Cottage    Plan    7  93 

Course     of    Study 23  00 

18  95 

Created     1  90 

Delinquent    Children     Ill  108 

Employees     13  94 

Escapes,    Aiding    XII  107 

Fugitives     XI  107 

Fund    II  98 

Fund    10  93 

II  93 

Independent  School  District II  19 

Inmates     (See  Commitment,  supra) 

Inmates 

Pardon    IX  105 

Parole    VIII  105 

X  105 

Recall     X  106 

Release   to   Children's   Home X  lOG 

Transfer    IX  10  5 

(See    Penitentiary   Inmate) 

Name    changed    1  91 

Nonsectarian     22  9»i 

Order    of    Commitment V  102 

Original   Schools 1  90 

Pardon     (See  Trustees  and  Inmates) 

Parole     (See  Trustees  and  Inmates) 

Physical    Examinations    IV  101 

Purpose     2  91 

Religious  Services 17  95 

Site    24  97 

Suit,  Liability  to 5  92 

Superintendent 

Duties     16  95 

17  95 

Election 12  94 

Qualifications 12  94 

Removal    12  0  4 

Teachers     13  94 

14  94 

15  94 
Temporary   Custody    , VI  10  1 

I  108 


INDEX  135 

Subject                                                                                           Section  Pake 

Trustees 

Board    3  91 

Expenses 9  93 

Meeting-s    8  93 

Officers 6  92 

Pardon     VIII  105 

I  lOS 

II  108 
Parole    X  106 

I  108 

II  108 

Proceedings     5  92 

Qualifications    4  92 

Report    21  96 

Suit,  Liability  to 5  92 

Vacancy     20  96 

Idaho   Industrial   Training  School   Fund 98 

Idaho  Technical  Institute 

Bonds    C  81 

Buildings VIII  85 

Certificates    XIII  86 

Change  of  name I  82 

Courses    XV  86 

XIII  86 

Created I  82 

Diplomas XIII  86 

Endowment     B  87 

Fund    II  88 

Funds     IX  85 

X  85 

Name    changed    I  82 

Nonresidents     XVI  8  6 

Nonsectarian   Institution    XX  8  7 

President     XII  86 

Principal .XII  86 

Property    VI  84 

Pupils     XVI  86 

Purpose     II  83 

Site     ...  Ill  83 

Students     XVI  80 

Suit,    Liability    to VII  34 

Teachers    XII  86 

Textbooks    XIV  86 

Title  to  Property VI  84 

Trustees 

Board    IV  83 

(See  Board  of  Education) 

Ex-officio  Members XV  86 

Expenses XVTI  8  7 

Meetings    XI  86 

Officers     VII  84 

Powers     VI  84 


136  INDEX 

Subject                                                                                           Section  Page 

Proceeding-s    VII  8  4 

Qualifications    V  84 

Report XIX  87 

Suit,    Liability    to VII  84 

Vacancies    XVIII  87 

Tuition     .  . XVI  86 

Idaho  Technical  Institute  Fund II  88 

Institute     (See  Idaho  Technical  Institute) 

(See  Board  of  Education) 

Institutes,   County    56  16 

Institutional  Fund II  29 

C  115 

Institutional    Grant    I  29 

I  87 

I  97 

J. 

Juvenile  Delinquent    E  107 

(See    Idaho   Industrial   Training-  School) 


Lewiston  State  Normal  School 

Bonds     C  68 

Buildings    7  62 

Certificates 14  64 

Courses    14  64 

Created    1  GO 

Diplomas 14  64 

Endowment    B  67 

Funds     8  62 

9  63 

Fund,   Library    I  70 

Special D  70 

Graduation    14  64 

Improvement  Fund II  71 

Lecture    Courses    19  66 

Library  Fund I  70 

Model   Schools    16  65 

Nonresident  Students 18  65 

Nonsectarian   Institution 23  66 

President     13  63 

Property    7  62 

Pupils     17  65 

Purpose 2  60 

Resident  Students 17  65 

Site     3  60 

Special  Funds    D  70 

Students    17  65 

Teachers 13  63 

Textbooks    15  64 

Training  Schools    16  65 


INDEX  137 

Subject                                                                                        Section  Pae.> 

Trustees 

Board    4  60 

Election,  President 13  G3 

Teachers    13  63 

Expenses    20  66 

General  Powers   . 6  61 

Meetings    12  63 

Officers     6  61 

(See   Art.    I-B) 

Proceedings     6  61 

Qualifications 5  61 

Removal,   President    13  63 

Teachers    13  63 

Report     22  66 

Vacancies 21  66 

Tuition     18  65 

M. 

Military    Supplies    2-e  31 

Morrill  Act,   First C-I  27 

A-I  31 

C-I  52 

Morrill   Act,   Second A-II  32 

C-II  53 

National  Blind  Act (See  School  for  Deaf  and  Blind) 

Navy  Officers 2-c  31 

Nelson   Amendment    A-III  32 

Normal  School   (See  Albion  State  Normal  School) 

(See  Lewiston   State   Normal   School) 

Normal   School  Fund B-II  28 

II-2  67 

II-2  79 

Normal    School    Grant E-I  28 

I-IO  63 

1-8  62 

I-ll  63 

B  67 

B  79 
P. 

Penitentiary  Inmates    IX  105 

Pocatello (See   Idaho   Technical   Institute) 

Public    School,    Defined X  123 

Fund     A  25 

R. 

Reform    School    (See  Idaho  Industrial  Training  School) 

Reform    School    A-I  90 

Rehabilitation    ; E  35 

Reserve  Officers  Training  Corps 2-f  31 


138  *  INDEX 

S. 

Subject                                                                                           Section  Page 
School  for  the  Deaf  and  the  Blind 

Admission   to   School 8  114 

Bonds     D  115 

Buildings 3  112 

Census    10  114 

11  114 

Control     4  112 

(See  Board  of  Education) 

Creation     1  112 

Early  Education  of  Blind; I  109 

II  m 

Eligibility   to   Admission 9  114 

Endowment    C  115 

Insurance    Fund    I  115 

National  Act II  116 

Rules    7  112 

Site (See  Board  of  Education) 

2  112 

Superintendent     6  112 

Teachers    6  112 

Transportation  to    5  112 

Scientific    School    Fund II  28 

2  51 

Scientific   School   Grant I  28 

III  51 

Scientific   School    (See    University  of    Idaho) 

Second  Morrill  Act (See  Morrill  Act,  Second) 

Secondary    Agricultural    Schools 64  18 

1  56 

Smith-Lever  Act    62  17 

I  33 

V  53 

I  34 

6  35 

St.   Anthony    (See  Idaho  Industrial  Training  School) 

State  Board  of  Education (See  Board  of  Education; 

State  School  for  Deaf  and  Blind.  .  ,  .  (See  School  for  Deaf  and  Blind) 
State  University     (See  University  of  Idaho) 

T. 

Table    of   Cases    Cited Appendix 

Technical  Institute     (See   Idaho   Technical    Institute) 

Technical   Institute   Fund    II  88 

Tarining  School     (See  Idaho  Industrial  Training  School) 

Training  School    Fund     II  98 


INDEX  139 

U. 

Subject  Section  Pago 

Univiersity  Fund     3  49 

University   Grant     3  8 

3  9 

B  25 

1  4S 

2  49 
University   of  Idaho 

Admission   to VII  40 

XIX  45 

Bonds     D  54 

Buildings     IX.  41 

X  41 

XXI  46 

Coeducational     XVIII  43 

Colleges XIV  43 

College   of  Arts    XVI  45 

College  of  Letters XVII  45 

Courses    XIII  43 

Created    I  37 

Degrees    XII  43 

Departments     (See  Colleges)    44 

Diplomas     XIII  43 

Funds XXIII  4o 

XXIV  47 

3  49 

Grants    B  4S 

Laboratories     IX  41 

Libraries    IX  41 

Nonpartisan  Institution    VII  40 

Nonresident  students    XIX  45 

Nonsecarian  Institution    VII  40 

President     VI  40 

VIII  41 

XII  43 

Professional  Courses XIX  45 

Pupils VII  40 

Regents   (See  Board  of  Education) 

Body    Corporate     Ill  38 

By-laws I  19 

V  40 

Election  of  President VI  40 

Executive  Committee    7-a  20 

III  38 

XXII  46 

Expenses    XXVI  47 

General  Powers Ill  38 

Officers     Ill  38 

XX  46 

Original  Board XX  46 

Professors    VI  40 

Report     XI  42 


140  *  INDEX 

Subject                                                                                           Section  Page 

Students,  Admission .VI  40 

Teachers    VI  40 

Students    VII  40 

XIII  43 

Site     XXI  46 

Teachers    VI  40 

VIII  41 

Tuition XIX  45 

V. 

Vocational  Education     39  14 

Vocational  Rehabilitation     E  35 


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